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Home My WebLink About2023-04-10 City Council Meeting Packet AGENDA MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, April 10, 2023 City Hall, Council Chambers Meeting No. 07-23 A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE C. ROLL CALL D. APPROVAL OF AGENDA E. APPROVAL OF MINUTES 1. March 27, 2023 City Council Workshop Meeting Minutes 2. March 27, 2023 City Council Meeting Minutes F. APPOINTMENTS AND PRESENTATIONS 1. Administrative Presentations a. Council Calendar Update 2. Council Presentations 3. Ramsey County Organics Recycling Pilot Project Presentation 4. Final Report from Purple Line Engagement Process 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. Resolution Proclaiming Arbor Day 2023 3. Collective Bargaining Agreement with LELS Local 173 Police Sergeants (2023 – 2025) 4. Local Lawful Gambling Permit for Associated General Contractors of MN, Keller Golf Course, 2166 Maplewood Drive 5. Local Lawful Gambling Permit for St Paul’s Monastery, 2675 Benet Road 6. Resolution for a Lawful Gambling Premises Permit for Roseville Area Youth Hockey Association at McCarron’s Pub and Grill, 1986 Rice Street 7. Purchase Firefighter Personal Protective Equipment (PPE) 8. Resolution Accepting Donation to the Maplewood Police Department Honor Guard from the Family of Retired Maplewood Police Officer Jim Meehan 9. Resolution Directing Final Payment and Acceptance of Project, County Road B and Arcade Street Improvements, City Project 19-22 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 Intoxicating Liquor and Sunday Sales License for Groceries and Nepali Kitchen Inc. dba Groceries and Nepali Kitchen, 1700 Rice Street Suites J & K 2. On-Sale Intoxicating Liquor and Sunday Sales License for Mr Taco of Maplewood Inc., dba Mr Taco, 2645 White Bear Avenue, Suite 3 3. MNDOT Community Roadside Landscaping Partnership Program 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 6:30P.M. Monday,March 27, 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 at6:30 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 CouncilmemberLee Ayes– All The motion passed. D.UNFINISHED BUSINESS None E.NEW BUSINESS 1.Commissioner Interviews Mayor Abrams introduced the item and assigned the interview questions to council. The following candidates were interviewed: Tom Oszman - PlanningCommission Tom Schmidt - PlanningCommission No Action Required. F.ADJOURNMENT Mayor Abramsadjourned the meetingat6:45p.m. March 27, 2023 Council Manager Workshop Minutes 1 Council Packet Page Number 1 of 86 E2 MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, March 27, 2023 City Hall, Council Chambers Meeting No. 06-23 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 provided an update on the Purple Line, including the withdrawal of Ramsey County’s supportfor submittal of rating documentation and their re-evaluating White Bear Avenueas an alternative route. Mayor Abrams also gavea reviewof the past engagement process and funding. 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 The following items were added to Council Presentations: City Clean-Up Business Section of Maplewood Living Update Century Avenue Coalition Update Commentary Concerning Bus Stops CouncilmemberJuenemannmoved to approve the agenda as amended. Seconded by CouncilmemberCave Ayes – All The motion passed. E.APPROVAL OF MINUTES 1.March 13, 2023 City CouncilMeeting Minutes CouncilmemberCavemoved to approve the March13, 2023 City Council MeetingMinutes as submitted. Seconded by CouncilmemberLee Ayes – All The motion passed. March 27, 2023 City Council Meeting Minutes 1 Council Packet Page Number 2 of 86 E2 F.APPOINTMENTS AND PRESENTATIONS 1.Administrative Presentations a.Council Calendar Update City ManagerColemangave an update to the council calendar and reviewed other topics of concern or interest requested by councilmembers. 2.Council Presentations City Clean-Up Councilmember Juenemann reminded residents the city clean-up with be held Saturday, April 22 from8 a.m. – 1 p.m. Business Section of Maplewood Living Update Councilmember Lee announced the communications department will be moving forward with business highlights in the Maplewood Living. Century Avenue Coalition Update Councilmember Lee reported on attending theMarch 22Century Avenue Coalition meeting whereMNDOTpresented. Commentary Concerning Bus Stops Mayor Abramsspoke about the snow removal at bus stops. 3.Resolution for Commissioner Appointment City Manager Coleman gave the staff reportand announcedTom Oszman will be appointed to the position. Councilmember Cavemoved toapprove the resolution to appoint Tom Oszman to the planning commission. Resolution 23-03-2190 RESOLUTION BE IT RESOLVED THAT THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: Hereby appoints the following individual, who the Maplewood City Council has reviewed, to be appointed to the following commission or board: Planning Commission(one opening) Tom Oszman term expires December 31, 2025 Seconded by Councilmember JuenemannAyes – All The motion passed. March 27, 2023 City Council Meeting Minutes 2 Council Packet Page Number 3 of 86 E2 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. annmoved toapprove agenda items G1-G9. CouncilmemberJuenem Seconded by CouncilmemberCave Ayes – All The motion passed. 1.Approval of Claims CouncilmemberJuenemannmoved to approve the approval of claims. ACCOUNTS PAYABLE: $ 399,467.66 Checks # 110557 thru # 110600 dated 3/09/2023 thru 3/14/23 $ 211,572.48 Checks # 110601 thru # 110629 dated 3/21/23 $ 1,136,937.91 Disbursements via debits to checking account dated 03/06/23 thru 03/19/23 $ 1,747,978.05 Total Accounts Payable PAYROLL Payroll Checks and Direct Deposits $ 650,902.45 dated 3/17/23 $ 650,902.45 Total Payroll $ 2,398,880.50 GRAND TOTAL Seconded by CouncilmemberCave Ayes – All The motion passed. 2.Resolution Authorizing Maplewood City Staff to Execute All Necessary Documents to Ensure Maplewood City Participation in the Multistate Settlements Relating to Opioid Supply Chain Participants, and in the Minnesota Opioids State- Subdivision Memorandum of Agreement annmoved to approve the Resolution Authorizing Maplewood City CouncilmemberJuenem Staff to Execute All Necessary Documents to Ensure Maplewood City Participation in the March 27, 2023 City Council Meeting Minutes 3 Council Packet Page Number 4 of 86 E2 Multistate Settlements Relating toOpioid Supply Chain Participants, and in the Minnesota Opioids State-Subdivision Memorandum of Agreement. Resolution 23-03-2191 RESOLUTION AUTHORIZING MAPLEWOOD CITY STAFF TO EXECUTE ALL NECESSARY DOCUMENTSTO ENSURE MAPLEWOOD CITY PARTICIPATION IN THE MULTISTATE SETTLEMENTS RELATING TOOPIOID SUPPLY CHAIN PARTICIPANTS, AND IN THE MINNESOTA OPIOIDS STATE-SUBDIVISIONMEMORANDUM OF AGREEMENT WHEREAS, the State of Minnesota and numerous Minnesota cities and counties are engaged in nationwide civil litigation against opioid supply chain participants related to the opioid crisis; and WHEREAS, the Minnesota Attorney General has signed on to multistate settlement agreements with several opioid supply chain participants, but those settlement agreements are still subjectto sign-on by local governments and final agreement by the companies and approval by the courts; and WHEREAS, for the April 2023 agreements there is a deadline of April, 18 2023, for a sufficient threshold of Minnesota cities and counties to sign on to the above-referenced multistate settlement agreements, and failure to timely sign on may diminish the amount of funds received by not only that city or county but by all Minnesota cities and counties from the settlement funds; and WHEREAS, representativesof Minnesota’s local governments, the Office of the Attorney General, and the State of Minnesota have reached agreement on the intrastate allocation of these settlement funds between the State, and the counties and cities, as well as the permissible uses of these funds, which will be memorialized in the Minnesota Opioids State-Subdivision Memorandum of Agreement, as amended (the “State-Subdivision Agreement”); and WHEREAS, the State-Subdivision Agreement creates an opportunity for local governments and the State to work collaboratively on a unified vision to deliver a robust abatement and remediation plan to address the opioid crisis in Minnesota; NOW, THEREFORE, BE IT RESOLVED, Maplewood city supports and agrees to the State-Subdivision Agreement; and BE IT FURTHER RESOLVED, Maplewood city supports and opts in to the April 2023 multistate agreement and all future multistate settlement agreements with opioid supply chain participants; and BE IT FURTHER RESOLVED, Maplewood city authorizes city staff to execute all necessary documents to ensure Maplewood city participation in the multistate settlement agreements, including Participation Agreement(s) and accompanying Release(s), and the State-Subdivision Agreement(s), unless and until such authority is revoked. Seconded by CouncilmemberCave Ayes – All The motion passed. March 27, 2023 City Council Meeting Minutes 4 Council Packet Page Number 5 of 86 E2 3.Conditional Use Permit Review, McCarrons Water Treatment Plant, 1900 Rice Street North annmoved to approve the CUP review for McCarronsWater CouncilmemberJuenem Treatment Plant, located at 1900 Rice Street North, and review again in one year. Seconded by CouncilmemberCave Ayes – All The motion passed. 4.Conditional Use Permit Review, Scooter’s Coffee, 2228 Maplewood Drive North annmoved to approve the CUP review for Scooter’s Coffee, located CouncilmemberJuenem at 2228 Maplewood Drive North, and review again in one year. Seconded by CouncilmemberCave Ayes – All The motion passed. 5.Purchase of a 1 Ton Truck Chassis (Unit 540) CouncilmemberJuenemannmoved to approve the approve the purchase of a 1 ton street maintenance truck chassis and direct the Mayor and City Manager to enter into a contract with North Country GM for the purchase under MN State Contract #188747 in the amount of $55,560.00. Seconded by CouncilmemberCave Ayes – All The motion passed. 6.Purchase of a 1 Ton Truck Chassis (Unit 546) annmoved to approve thepurchase of a street sign truck chassis and CouncilmemberJuenem direct the Mayor and City Manager to enter into a contract with North Country GM under MN State Contract #188747 in the amount of $55,892.00. Seconded by CouncilmemberCave Ayes – All The motion passed. 7.Purchase of a 1 Ton Truck Chassis (Unit 651) CouncilmemberJuenemannmoved to approve the purchase of 1 ton park maintenance truck chassis and direct the Mayor and City Manager to enter into a contract with North Country GM for the purchase under MN StateContract #188747 in the amount of $55,892.00. Seconded by CouncilmemberCave Ayes – All The motion passed. March 27, 2023 City Council Meeting Minutes 5 Council Packet Page Number 6 of 86 E2 8.Purchase of Two ¾ Ton Truck Chassis (Units 500 and 614) CouncilmemberJuenemannmoved to approve the purchase of two public works 3/4 ton truck chassis and direct the Mayor and City Manager to enter into a contract with North Country GM for the purchase under MN State Contract #168931 in the amount of $ 115,873.60. Seconded by CouncilmemberCave Ayes – All The motion passed. 9.Purchase of Road Salt for 2023-2024 Winter Season CouncilmemberJuenemann moved to authorize the Street Superintendent to purchase de- icing salt under a State contract forthe 2023-2024 winter season in an estimated amount of $105,282.00. Seconded by CouncilmemberCave Ayes – All The motion passed. H.PUBLIC HEARINGS– If you are here for a Public Hearing please familiarize yourself with the Rules of Civility printed on the back of the agenda. Sign in with the City Clerk before addressing the council. At the podium please state your name and address clearly for the record. All comments/questions shall be posed to the Mayor and Council. The Mayor will then direct staff, as appropriate, to answer questions or respond to comments. None I.UNFINISHED BUSINESS None J.NEW BUSINESS 1.Petition for an Environmental Assessment Worksheet (EAW) for the Reuter Walton Project, 1136/1160 Frost Avenue East Community Development Director Parr began the presentation. Leila Bunge, Environmental Consultant with Kimley-Horn, continued thepresentation. Public Works Director Love provided further information. Council discussed the item and asked questions of staff. Mayor Abramsmoved to approve the resolution denying a petition for preparation of an EAW for the Reuter Walton residential development project at 1136 and 1160 Frost Avenue East. Resolution 23-03-2192 RESOLUTION DENYING A PETITION FOR PREPARATION OF AN ENVIRONMENTAL ASSESSMENT WORKSHEET FOR THE REUTER WALTON RESIDENTIAL DEVELOPMENT PROJECT AT 1136 AND 1160 FROST AVENUE EAST WHEREAS, in September, 2022, the City of Maplewood (the “City”) received an application from Reuter Walton Development, LLC (the “Proposer”) for a residential development consisting generally of a five-story building with 150 apartment units, underground parking and interior and exterior amenities located at 1136 and 1160 Frost Avenue East (the “Project”); and March 27, 2023 City Council Meeting Minutes 6 Council Packet Page Number 7 of 86 E2 WHEREAS,the Proposer had received a Phase I Environmental Site Assessment in April, 2022 and a Phase II Environmental Site Assessment in August, 2022 regarding the Project and site; and WHEREAS,City land use approvals required for the Project included a comprehensive plan amendment, right-of-way vacations, conditional use permit and design review; and WHEREAS,the Project was the subject of public hearings before at the City’s Planning Commission in connection with the land use applications on September 20, 2022 and October 18, 2022; and WHEREAS, the City Council considered the land use applications and took additional testimony regarding the Project at its meeting on November 14, 2022; and WHEREAS,on December 12, 2022, the City Council unanimously approved all of the land use applications, subject to numerous terms and conditions; and WHEREAS,on February 17, 2023 the City received a citizen petition (the “Petition”) from the Environmental Quality Board (the “EQB”) requesting that the City require an Environmental Assessment Worksheet (“EAW”) for the Project; and WHEREAS, the City subsequently received supplemental material related to the Petition from the EQB and the full Petition was formally published in the EQB Monitor on March 14, 2023; and WHEREAS, the EQB has designated the City as the Responsible Governmental Unit (“RGU”) for the Project; and WHEREAS,the Project is neither exempt from an EAW nor subject to a mandatory EAW; and WHEREAS, the EQB’s rules (Minnesota Rules, Part 4410.1100, subpart 6) require the City to determine whether the evidence presented by the petitioners, proposers, and other persons or otherwise known to the RGU demonstrates that, because of the nature or location of the Project, the Project may have the potential for significant environmental effects; and WHEREAS, the EQB rules (Minnesota Rules, Part 4410.1700, subpart 7) further require the City to consider the following factors in making such determination: a.Type, extent, and reversibility of environmental effects; b.Cumulative potential effects: whether the cumulative potential effect is significant; whether the contribution from the project is significant when viewed in connection with other contributions to the cumulative potential effect; the degree to which the project complies with approved mitigation measures specifically designed to address the cumulative potential effect; and the efforts of the proposer to minimize the contributions from the project; c. The extent to which the environmental effects are subject to mitigation by ongoing public regulatory authority; and March 27, 2023 City Council Meeting Minutes 7 Council Packet Page Number 8 of 86 E2 d.The extent to which environmental effects can be anticipated and controlled as a result of other available environmental studies undertaken by public agencies or the project proposer, including other environmental impact statements; and WHEREAS, at its meeting on March 27, 2023, the City Council considered the request for the EAW and a response to the Petition prepared by the City’s staff and consultants, including a memorandum from Kimley-Horn andAssociates, Inc. dated March 17, 2023 (the “Memorandum”). NOW, THEREFORE, BE IT RESOLVED, that, after careful consideration and based on all of the evidence presented by the petitioners, proposers, and other persons or otherwise known to the RGU, including the Petition and the Memorandum and the evidence and testimony presented to the Planning Commission and City Council, and upon consideration of the factors and criteria set forth in Minnesota Rules, Part 4410.1100, subpart 6 and Part 4410.1700, subpart7, the City Council determines that the Project does not present the potential for significant environmental effects beyond those which are subject to mitigation by ongoing public regulatory authority or can be anticipated and controlled as a result of other available environmental studies undertaken by public agencies or the Project proposer. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Petition to require preparation of an EAW is hereby denied because the evidence presented fails to demonstrate thatthe Project may have the potential for significant environmental effects. BE IT FINALLY RESOLVED, that the City staff and consultants are hereby authorized and directed to act in accordance with this Resolution and denial of the Petition. The City Clerk is specifically authorized and directed to mail a copy of this Resolution to the representative for the petitioners, the EQB staff, the property owners, and the Project developer within five days of the date it was adopted. The City Clerk is also specifically authorized to complete the online submission form for the EQB Monitor found on the EQB’s website and to upload a copy of this Resolution. Seconded by CouncilmemberJuenemann Ayes – Mayor Abrams Councilmember Juenemann Councilmember Lee Councilmember Villavicencio Nay – Councilmember Cave The motion passed. 2.Resolution Approving Third Amendment to the Purchase Agreement, 1160 Frost Avenue East City Attorney Batty gave the staff reportand answered questions of council. CouncilmemberJuenemannmoved to approve the resolution authorizing execution of Third Amendment to Purchase Agreement regarding 1160 Frost Avenue. Resolution 23-03-2193 RESOLUTION APPROVING THIRD AMENDMENT TOPURCHASE AGREEMENT FOR 1160 FROST AVENUE March 27, 2023 City Council Meeting Minutes 8 Council Packet Page Number 9 of 86 E2 WHEREAS, the City of Maplewood (the “City”) is the owner of certain real property located at 1160 Frost Avenue in Maplewood, Minnesota (the “Property”); and WHEREAS, the legal description of the Property is: Lots 1 through 20 inclusive, Block 1, Kavanagh and Dawson’s Addition to Gladstone, together with the vacated alley in said Block 1, Ramsey County, Minnesota; and WHEREAS, on July 8, 2021 the City entered into a purchase agreement with Reuter Walton Development, LLC (the “Purchase Agreement”)regarding the Property; and WHEREAS, on November 17, 2022 the parties executed the First Amendment to Purchase Agreement to extend certain dates and deadlines; and WHEREAS, on December 12, 2022 the parties executed the Second Amendment to Purchase Agreement to extend certain dates and deadlines; and WHEREAS, the parties wish to amend the Purchase Agreement again. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA AS FOLLOWS: 1.The recitals set forth herein are incorporated into and made a part hereof. 2.The Mayor and City Manager are hereby authorized and directed to execute the Third Amendment to Purchase Agreement with Reuter Walton Development, LLC regarding the Property. 3.The City staff and consultants are hereby authorized and directed to take any and all additional steps and actions necessary or convenient to accomplish the intent of this resolution. Seconded by Councilmember Lee Ayes – All The motion passed. 3 Myrtle-Sterling Area Street Improvements, City Project 22-16 a.Resolution Approving Plans and Specifications and Advertising for Bids. b.Resolution Ordering Preparation of Assessment Roll Public Works Director Love gave the staff report. CouncilmemberJuenemannmoved to approve the resolution approving plans and specifications and advertising bids for Myrtle-Sterling Area Street Improvements, City Project 22-16. Resolution 23-03-2194 RESOLUTIONAPPROVING PLANS AND SPECIFICATIONS AND ADVERTISING FOR BIDS March 27, 2023 City Council Meeting Minutes 9 Council Packet Page Number 10 of 86 E2 th WHEREAS, pursuant to a resolution of the City Council adopted February 13, 2023, fixed a date for a Council hearing on the proposed street improvements for the Myrtle-Sterling Area Street Improvements, City Project 22-16. th WHEREAS, pursuant to resolution passed by the City Council on February 27, 2023, plans and specifications for the Myrtle-Sterling Area Street Improvements, City Project 22-16, have been prepared by (or under the direction of) the City Engineer, who has presented such plans and specifications to the City Council for approval, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: 1.Such plans and specifications are hereby approved and ordered placed on file in the office of the City Engineer. 2.The City Clerk or office of the City Engineer shall prepare and cause to be inserted into the official paper and Finance and Commerce an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published twice, at least twenty-one days before the date set for bid opening, shall specify the work to be done, shall state that bids will be publicly opened electronically via QuestCDN and th considered by the council at 10:00 a.m. on the 28day of April, 2023. Bids shall be accompanied by a certified check or bid bond, payable to the City of Maplewood, Minnesota for five percent of the amount of such bid. 3.The City Clerk and City Engineer are hereby authorized and instructed to receive, open, and read aloud bids received at the time and place herein noted, and to tabulate the bids received. The City Council will consider the bids, and th the award of a contract, at the regular City Council meeting of May 8, 2023. Seconded by Councilmember CaveAyes – All The motion passed. CouncilmemberJuenemannmoved to approve the resolution ordering preparation of assessment roll for Myrtle-Sterling Area Street Improvements, City Project 22-16. Resolution 23-03-2195 RESOLUTIONORDERING PREPARATION OF ASSESSMENT ROLL WHEREAS, the City Clerk and City Engineer will receive bids for the Myrtle-Sterling Area Street Improvements, City Project 22-16. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the City Clerk and City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land abutting on the streets affected, without regard to cash valuation, as provided by law, and they shall file a copy of such proposed assessment in the city office for inspection. FURTHER, the City Clerk shall, upon completion of such proposed assessment notify the City Council thereof March 27, 2023 City Council Meeting Minutes 10 Council Packet Page Number 11 of 86 E2 Seconded by Councilmember VillavicencioAyes – All The motion passed. 4.Woodlynn-Southlawn Area Street Improvements, City Project 22-17 a.Resolution Approving Plans and Specifications and Advertising for Bids b.Resolution Ordering Preparation of Assessment Roll Public Works Director Love gave the staff report. CouncilmemberLeemoved to approvethe resolution approving plans and specifications and advertising bids for Woodlynn-Southlawn Area Street Improvements, City Project 22-17. Resolution 23-03-2196 RESOLUTIONAPPROVING PLANS AND SPECIFICATIONS AND ADVERTISING FOR BIDS th WHEREAS, pursuant to a resolution of the City Council adopted February 13, 2023, fixed a date for a Council hearing on the proposed street improvements for the Woodlynn- Southlawn Area Street Improvements, City Project 22-17. th WHEREAS, pursuant to resolution passed by the City Council on February 27, 2023, plans and specifications for the Woodlynn-Southlawn Area Street Improvements, City Project 22-17, have been prepared by (or under the direction of) the City Engineer, who has presented such plans and specifications to the City Council for approval, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: 1.Such plans and specifications are hereby approved and ordered placed on file in the office of the City Engineer. 2.The City Clerk or office of the City Engineer shall prepare and cause to be inserted into the official paper and Finance and Commerce an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published twice, at least twenty-one days before the date set for bid opening, shall specify the work to be done, shall state that bids will be publicly opened electronically via QuestCDN and th considered by the council at 10:00 a.m. on the 27day of April, 2023. Bids shall be accompanied by a certified check or bid bond, payable to the City of Maplewood, Minnesota for five percent of the amount of such bid. 3.The City Clerk and City Engineer are hereby authorized and instructed to receive, open, and read aloud bids received at the time and place herein noted, and to tabulate the bids received. The City Council will consider the bids, and th the award of a contract, at the regular City Council meeting of May 8, 2023. Seconded by CouncilmemberJuenemannAyes – All The motion passed. March 27, 2023 City Council Meeting Minutes 11 Council Packet Page Number 12 of 86 E2 CouncilmemberLeemoved to approve the resolution ordering preparation of assessment roll for Woodlynn-Southlawn Area Street Improvements, City Project 22-17. Resolution 23-03-2197 RESOLUTIONORDERING PREPARATIONOF ASSESSMENT ROLL WHEREAS, the City Clerk and City Engineer will receive bids for the Woodlynn- Southlawn Area Street Improvements, City Project 22-17. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the City Clerk and City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land abutting on the streets affected, without regard to cash valuation, as provided by law, and they shall file a copy of such proposed assessment in the city office for inspection. FURTHER, the City Clerk shall, upon completion of such proposed assessment notify the City Council thereof. Seconded by Councilmember VillavicencioAyes – All The motion passed. K.AWARD OF BIDS None L.ADJOURNMENT Mayor Abramsadjourned the meeting at7:51 p.m. March 27, 2023 City Council Meeting Minutes 12 Council Packet Page Number 13 of 86 F1a CITY COUNCIL STAFF REPORT Meeting Date April 10, 2023 REPORT TO: City Council REPORT FROM: Melinda Coleman, City Manager PRESENTER: Melinda Coleman, City Manager AGENDA ITEM: Council Calendar Update Action Requested: Motion Discussion Public Hearing Form of Action: Resolution Ordinance Contract/Agreement Proclamation Policy Issue: This item is informational and intended to provide the Council an indication on the current planning for upcoming agenda items and the Work Session schedule. These are not official announcements of the meetings, but a snapshot look at the upcoming meetings for the City Council to plan their calendars. Recommended Action: No motion needed. This is an informational item. Upcoming Agenda Items and Work Sessions Schedule: April 24: Workshop: Rice Street Gardens / Rondo Community Land Trust Presentation Council Meeting: Community Survey Results May 18 (all day) City Council / Staff Retreat TBD: EDA Meeting: Discussion of TIF Plan and Development Agreement for Enclave/Myth Project TBD: Workshop: Draft Snow Removal Policy Council Comments: Comments regarding Workshops, Council Meetings or other topics of concern or interest. 1. Review/Evaluation of Snow Removal Policy Council Schedule for Maplewood Living through September 2023: Issue Contributor Due Date Lee April 14, 2023 May 2023 Abrams May 17, 2023 June 2023 Juenemann June 15, 2022 July 2023 Cave July 17, 2023 August 2023 Villavicencio August 17, 2023 September 2023 Lee September 15, 2023 November 2023 Council Packet Page Number 14 of 86 F1a 2023 Major Community Outreach Events Rice and Larpenteur Spring Clean-up No Date or Time set yet Rice and Larpenteur City of Maplewood Spring Clean-up Saturday, April 22, 2023 (08:00-13:00) Aldrich Arena (starting time is the busiest time) Fire Department Bike Rodeo Tuesday, May 9, 2023 (evening Hours) North Fire Station Cop on a Rooftop (Special Olympics Fundraiser) Friday, May 19, 2023 (early morning Hours) Dunkin Donuts (Co Rd D and Hwy 61) Arbor Day Event {ğƷǒƩķğǤͲ ağǤ ЋЉͲ ЋЉЋЌ ΛВʹЌЉ ğƒ Α ƓƚƚƓΜ Public Works Garage Touch a Truck Wednesday, June 14, 2023 (evening hours) YMCA Parking lot th Light it Up Maplewood (4 of July event) Tuesday, July 4, 2023 (16:00-23:00) Hazelwood Park Council Packet Page Number 15 of 86 F3 CITY COUNCIL STAFF REPORT Meeting Date April 10, 2023 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Lois Knutson, Administrative Services & Perf. Meas. Coordinator PRESENTOR: Victoria Reinhardt, Ramsey County Commissioner Andrea McKennon, Communications & Outreach Manager for Ramsey/Washington Recycling and Energy AGENDA ITEM: Ramsey County Organics Recycling Pilot Project Presentation Action Requested: MotionDiscussion Public Hearing Form of Action: Resolution Ordinance Contract/AgreementProclamation Policy Issue: Ramsey County Commissioner Victoria Reinhardt will share an update on the Ramsey County Organics Recycling Pilot Project. Recommended Motion: No action required. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is $0. Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: Strategic Plan Relevance: Community InclusivenessFinancial & Asset MgmtEnvironmental Stewardship Integrated CommunicationOperational EffectivenessTargeted Redevelopment Organics recycling will help us in our efforts to decrease trash created and work towards a more sustainable environment. Background N/A Attachments none Council Packet Page Number 16 of 86 F4 CITY COUNCIL STAFF REPORT Meeting Date April 10, 2023 REPORT TO: City Council REPORT FROM: Melinda Coleman, City Manager PRESENTER: Melinda Coleman, City Manager AGENDA ITEM: Final Report from Purple Line Engagement Process Action Requested: Motion Discussion Public Hearing Form of Action: Resolution Ordinance Contract/Agreement Proclamation Policy Issue: The City of Maplewood, representatives from the Metropolitan Council, representatives from the No Rush Line Coalition and various stakeholders met over the past two months to discuss the proposed Purple Line, highlight alternatives and ensure public engagement. Recommended Action: Motion to accept the final report and advisory committee recommendation. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is 0 Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: n/a Strategic Plan Relevance: Community Inclusiveness Financial & Asset Mgmt Environmental Stewardship Integrated Communication Operational Effectiveness Targeted Redevelopment The Council sought public engagement and recommendations from the Advisory Committee. Background: The City retained Mike Sable to assist with the engagement process and develop a report highlighting the findings of our engagement project. At the final public engagement meeting an alternative route for bus rapid transit on the Purple Line has emerged that calls for buses to travel on White Bear Avenue rather than along the Bruce Vento Regional Trail. Attachments: 1. Purple Line Engagement Final Report Council Packet Page Number 17 of 86 F4, Attachment 1 FINAL REPORT CITY OF MAPLEWOOD PURPLE LINE COMMUNITY ADVISORY COMMITTEE MICHAEL SABLE, CONSULTANT – PURPLE LINECOMMUNITY ENGAGEMENT Th e report summarizes the outcomes and information of Purple LineCommunity Engagement, Discussion, and Facilitation sessions with staff and CommunityAdvisory Committee Stakeholders as identified by the City of Maplewood, Minnesota. Final Recommendation The Purple Line Community Advisory Committee recommends that the Metropolitan Council perform a new route alternative analysis/study to focus on White Bear Avenue as an alternative route for the Purple Line; and any review and analysis must include robust public engagement with residents, community stakeholders, and staff from the Metropolitan Council, Ramsey County, and the City of Maplewood. Background The City of Maplewood is actively pursuing community and stakeholder engagement around the development and planning of the Purple Line in the City of Maplewood. The City of Maplewood has invested significant time and resources into this project, as well as with the Metropolitan Council and Ramsey County, and continued discussion was requested in order to determine whether and how the project could move ahead successfully with additional community input. On January 9, 2023, the Maplewood City Council directed staff to, “…. establish an engagement process that gives all stakeholders an opportunity to be heard.” In addition, a process was developed to include the creation of an Advisory Committee: “Draft Engagement Process Create Advisory Committee- Members to be appointed by the City Council and should include representatives from many perspectives. Suggested members include a staff member from the Met Council, a representative from the No Rush Line Coalition, a Maplewood resident, representatives from St. John’s Hospital, Century College, Beacon Interfaith Group, Reuter Walton, etc. Council Packet Page Number 18 of 86 F4, Attachment 1 Presentations or information sharing could include the following: o Presentation from the Met Council regarding ridership numbers pre- pandemic, during pandemic and post pandemic, safety, bus shelter and stop maintenance and accessibility, review past and future engagement processes and project decision points o Presentation from the No Rush Line Coalitionto share their data and concerns o Hold a zoom meeting that would be open to all residents interested in transit for Maplewood. o Hold final in-person meeting to encourage business owners and others in support of transit for Maplewood. o Create an on-line platform to encourage comments and feedback from the general public at any point during the process to be reviewed by the committee and Council. o Send out the city-wide survey with specific transit related questions.” What is the Purple Line BRT Project? https://www.metrotransit.org/purple-line-project The Purple Line is a proposed 14-mile Bus Rapid Transit (BRT) line that would run from Union Depot serving the communities of Saint Paul, Maplewood, Vadnais Heights, Gem Lake, and possibly part of White Bear Lake Purple Line BRT will: o Run seven days a week from early in the morning to late at night o Arrive every 10 minutes during rush hours and every 15 minutes other times. o Connect people to jobs, education, healthcare and recreation destinations. o Provide fast and reliable transit service. o Have stations with amenities like shelter, light, heat, fare payment machines and real- time departure signs. o Support economic development. o Conveniently connect to METRO Green Line, METRO Gold Line, local and intercity buses and Amtrak® service at Union Depot. Project Approach As initially outlined in a proposal submitted in late-January, a project outline was identified as follows: Council Packet Page Number 19 of 86 F4, Attachment 1 Project overview with staff from City of Maplewood Meeting to confirm the desired outcomes, discuss unique issues, align expectations, determine schedules, and finalize mobilization/scheduling issues. Review ofPurple Line materials, and any relevant communications with city leadership. A review of relevant documents including, but not limited to items outlined above. The purpose of this review will be to familiarize the consultant with (1) current organizations, project,structure, and responsibilities;(2) current efforts to implement the Purple Line. ation Session(s). Consultant will conduct facilitated listening session(s) with Conduct Facilit identified stakeholders. The purpose of the sessions is to gain an understanding of the challenges of the Purple Line, build and strengthen rapport and trust among the group, identify opportunities for improvement, identify key initiatives and suggestions that align with the goals of the stakeholder groups, and develop a series of recommendations for strengthening the proposal, if warranted. In addition, consultant will provide broad insights and analysis to help shape any possible recommendations moving forward, if needed. Analysis of feedback/insights. The consultant will prepare a summary report that highlights and synthesizes the findings from the session(s) and key takeaways to be shared with the City Council, the City’s executive leadershipteam, the Metropolitan Council staff, and the community stakeholders at a formal session. Present Final Report. The final report will be presented to the City Manager summarizing the analysis and recommendations, if any. Council Packet Page Number 20 of 86 F4, Attachment 1 Public Engagement Workshops – History and Documentation st o February 1 Met Council presentation (Video on Demand) o PowerPoint slide th o February 15 Cancelled nd o February 22Cancelleddue to snow th o February 28 No Rush Line Coalition (Video on Demand) o No Rush Line Presentation o Transit Safety Trends o Rusty-patched Bumble bee along Bruce Vento Trail o Thinking Minnesota Article • Light Rail Fail • by Peter Nelson th o March 8 Community members and businesses who have not yet presented (Video on Demand) o MetroTransit's Response top 8 Questions o March 22nd City Council and Advisory Board Review options(Video on Demand) o Ramsey County letter proposing alt route White Bear Ave o NRLC initial recommendations o Health Partners letter of support o St. John's background o Tubman support letter o Community support letters Council Packet Page Number 21 of 86 F4, Attachment 1 o President Century College letter o Faculty Century College letter o Responses to NRLC questions o Supplementalinfo o Metro Transit responses to advisory board o NRLC responses to advisory board o Resident Letter o Resident Letter o Resident Letter o City engagement survey results Consultant Experience & Background Michael Sable is a graduate of Augsburg (BA) and the University of St. Thomas (MBA) and brings over 20 years of local government management experience. Michael Sable is currently the Assistant City Manager for the City of Bloomington Minnesota, and an adjunct faculty member at the College of Charleston, Joseph C. Riley Center, where he teaches the HPO model to both the Executive EDGE and Leading EDGE programs. He is also an Associate for the Commonwealth Centers for High Performance. Sable consults for local governments across the country helping them proactively respond to the changing demands of st the 21 century. Sable currently serves on the Executive Board of the International City/County Management Association (ICMA) as a Midwest Vice President. He previously served as the Assistant City Manager for the City of Maplewood, Minnesota. In addition, he served on the board of directors for the Alliance for Innovation, a member-based organization promoting innovation in local government nationally and was the former chair of the board of directors for Fusion Learning Partners providing training and event services to local governments in the Midwest. He is a certified facilitator who has successfully completed over 100 sessions in public settings with a variety of stakeholders. Council Packet Page Number 22 of 86 For the permanent record: Meeting Date: 4/10/2023 Agenda Item: F4, Attachment 1 – Revised FINAL REPORT CITY OF MAPLEWOOD PURPLE LINE COMMUNITY ADVISORY COMMITTEE MICHAEL SABLE, CONSULTANT – PURPLE LINECOMMUNITY ENGAGEMENT The report summarizes the outcomes and information of Purple LineCommunity Engagement, Discussion, and Facilitation sessions with staff and CommunityAdvisory Committee Stakeholders as identified by the City of Maplewood, Minnesota. Final Recommendation The Purple Line Community Advisory Committee recommends that the Metropolitan Council perform a new route alternative analysis/study to focus on White Bear Avenue as an alternative route for the Purple Line; and any review and analysis must include robust public engagement with residents, community stakeholders, and staff from the Metropolitan Council, Ramsey County, and the City of Maplewood. Purple Line Community Advisory Committee Members Diana Longrie, No Rush Line Coalition Robert Smaller, Costco Nick Thompson, Met Council Torin Gustafson, Resident Amanda Duerr, St. Paul Chamber of Commerce Background The City of Maplewood is actively pursuing community and stakeholder engagement around the development and planning of the Purple Line in the City of Maplewood. The City of Maplewood has invested significant time and resources into this project, as well as with the Metropolitan Council and Ramsey County, and continued discussion was requested in order to determine whether and how the project could move ahead successfully with additional community input. On January 9, 2023, the Maplewood City Council directed staff to, “…. establish an engagement process that gives all stakeholders an opportunity to be heard.” For the permanent record: Meeting Date: 4/10/2023 Agenda Item: F4, Attachment 1 – Revised In addition, a process was developed to include the creation of an Advisory Committee: “Draft Engagement Process Create Advisory Committee- Members to be appointed by the City Council and shouldinclude representatives from many perspectives. Suggested members include a staff member from the Met Council, a representative from the No Rush Line Coalition, a Maplewood resident, representatives from St. John’s Hospital, Century College, Beacon Interfaith Group, Reuter Walton, etc. Presentations or information sharing could include the following: o Presentation from the Met Council regarding ridership numbers pre- pandemic, during pandemic and post pandemic, safety, bus shelter and stop maintenance and accessibility, review past and future engagement processes and project decision points o Presentation from the No Rush Line Coalition to share their data and concerns o Hold a zoom meeting that would be open to all residents interested in transit for Maplewood. o Hold final in-person meeting to encourage business owners and others in support of transit for Maplewood. o Create an on-line platform to encourage comments and feedback from the general public at any point during the process to be reviewed by the committee and Council. o Send out the city-wide survey with specific transit related questions.” What is the Purple Line BRT Project? https://www.metrotransit.org/purple-line-project The Purple Line is a proposed 14-mile Bus Rapid Transit (BRT) line that would run from Union Depot serving the communities of Saint Paul, Maplewood, Vadnais Heights, Gem Lake, and possibly part of White Bear Lake Purple LineBRTwill: o Run seven days a week from early in the morning to late at night o Arrive every 10 minutes during rush hours and every 15 minutes other times. o Connect people to jobs, education, healthcare and recreation destinations. o Provide fast and reliable transit service. For the permanent record: Meeting Date: 4/10/2023 Agenda Item: F4, Attachment 1 – Revised o Have stations with amenities like shelter, light, heat, fare payment machines and real- time departure signs. o Support economic development. o Conveniently connect to METRO Green Line, METRO Gold Line, local and intercity buses and Amtrak® service at Union Depot. Project Approach As initially outlined in a proposal submitted in late-January, a project outline was identified as follows: Project overview with staff from City of Maplewood Meeting to confirm the desired outcomes, discuss unique issues, align expectations, determine schedules, and finalize mobilization/scheduling issues. Review ofPurple Line materials, and any relevant communications with city leadership. A review of relevant documents including, but not limited to items outlined above. The purpose of this review will be to familiarize the consultant with (1) current organizations, project, structure, and responsibilities; (2) current efforts to implement the Purple Line. Conduct Facilitation Session(s). Consultant will conduct facilitated listening session(s) with identified stakeholders. The purpose of the sessions is to gain an understanding of the challenges of the Purple Line, build and strengthen rapport and trust among the group, identify opportunities for improvement, identify key initiatives and suggestions that align with the goals of the stakeholder groups, and develop a series of recommendations for strengthening the proposal, if warranted. In addition, consultant will provide broad insights and analysis to help shape any possible recommendations moving forward, if needed. Analysis of feedback/insights. The consultant will prepare a summary report that highlights and synthesizes the findings from the session(s) and key takeaways to be shared with the City Council, the City’s executive leadershipteam, the Metropolitan Council staff, and the community stakeholders at a formal session. Present Final Report.The final report will be presented to the City Manager summarizing the analysis and recommendations, if any. For the permanent record: Meeting Date: 4/10/2023 Agenda Item: F4, Attachment 1 – Revised Public Engagement Workshops – History and Documentation st o February 1 Met Council presentation (Video on Demand) o PowerPoint slide th o February 15 Cancelled nd o February 22Cancelled due to snow th o February 28 No Rush Line Coalition (Video on Demand) o No Rush Line Presentation o Transit Safety Trends o Rusty-patched Bumble bee along Bruce Vento Trail o Thinking Minnesota Article • Light Rail Fail • by Peter Nelson th o March 8 Community members and businesses who have not yet presented (Video on Demand) o MetroTransit's Response top 8 Questions o March 22nd City Council and Advisory Board Review options(Video on Demand) o Ramsey County letter proposing alt route White Bear Ave o NRLC initial recommendations o Health Partners letter of support o St. John's background o Tubman support letter o Community support letters For the permanent record: Meeting Date: 4/10/2023 Agenda Item: F4, Attachment 1 – Revised o President Century College letter o Faculty Century College letter o Responses to NRLC questions o Supplementalinfo o Metro Transit responses to advisory board o NRLC responses to advisory board o Resident Letter o Resident Letter o Resident Letter o City engagement survey results Consultant Experience & Background Michael Sable is a graduate of Augsburg (BA) and the University of St. Thomas (MBA) and brings over 20 years of local government management experience. Michael Sable is currently the Assistant City Manager for the City of Bloomington Minnesota, and an adjunct faculty member at the College of Charleston, Joseph C. Riley Center, where he teaches the HPO model to both the Executive EDGE and Leading EDGE programs. He is also an Associate for the Commonwealth Centers for High Performance. Sable consults for local governments across the country helping them proactively respond to the changing demands of st the 21 century. Sable currently serves on the Executive Board of the International City/County Management Association (ICMA) as a Midwest Vice President. He previously served as the Assistant City Manager for the City of Maplewood, Minnesota. In addition, he served on theboard of directors for the Alliance for Innovation, a member-based organization promoting innovation in local government nationally and was the former chair of the board of directors for Fusion Learning Partners providing training and event services to local governments in the Midwest. He is a certified facilitator who has successfully completed over 100 sessions in public settings with a variety of stakeholders. G1 Council Packet Page Number 23 of 86 G1, Attachments Council Packet Page Number 24 of 86 G1, Attachments Council Packet Page Number 25 of 86 G1, Attachments Council Packet Page Number 26 of 86 G1, Attachments Council Packet Page Number 27 of 86 G1, Attachments Council Packet Page Number 28 of 86 G1, Attachments Council Packet Page Number 29 of 86 G1, Attachments Council Packet Page Number 30 of 86 G2 CITY COUNCIL STAFF REPORT Meeting Date April 10, 2023 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Audra Robbins, Parks and Natural Resources Manager PRESENTER: Carole Gernes, Natural Resources Coordinator AGENDA ITEM: Resolution Proclaiming Arbor Day 2023 Action Requested: Motion Discussion Public Hearing Form of Action: Resolution Ordinance Contract/Agreement Proclamation Policy Issue: Arbor Day is observed throughout the United States and the world as a day to celebrate trees. Staff requests that the City Council proclaim May 20, 2023, as Arbor Day in Maplewood. Recommended Action: Motion to approve the resolution proclaiming Arbor Day 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: n/a Strategic Plan Relevance: Community Inclusiveness Financial & Asset Mgmt Environmental Stewardship Integrated Communication Operational Effectiveness Targeted Redevelopment Trees are an essential component of the CityÓs green infrastructure and help mitigate the effects of climate change. This proclamation calls attention to trees and engages the community to celebrate the value of trees. Background: National Arbor Day is the last Friday of April, but each state and community vary the date to coincide with planting times. In Minnesota, the month of May is typically designated Arbor Month. Minnesota communities observing Arbor Day usually schedule celebrations in late April or in May. Trees provide numerous benefits to individuals and to the community. They reduce erosion, provide shade, reduce heating and cooling costs, moderate temperature, clean the air, produce oxygen, provide habitat for wildlife, and provide wood and paper products. Trees increase property values and enhance the beauty of our community. Council Packet Page Number 31 of 86 G2 City Council will consider proclaiming Saturday, May 20, 2023 as Arbor Day in Maplewood. An Arbor Day proclamation supports the CityÓs sustainability initiatives and encourages residents to value, plant, and care for trees. A proclamation is also one of the requirements for being designated a Tree City USA. Maplewood has been designated a Tree City each year since 2010 and will continue to reapply annually. Attachments: 1.Resolution Proclaiming Arbor Day 2023 Council Packet Page Number 32 of 86 G2, Attachment 1 CITY OF MAPLEWOOD, MINNESOTA RESOLUTION NO. ____ PROCLAIMING ARBOR DAY 2023 WHEREAS, Arbor Day provides an opportunity to celebrate the importance of trees and forests to our economy, culture, history, and future of the state; and WHEREAS, Trees are of great value as they provide clean air and water, shade and energy savings, wildlife habitat, recreational opportunities, wood products, and jobs, while also capturing and storing carbon from the atmosphere, thereby offsetting greenhouse gas emissions; and WHEREAS, Properly planting and caring for a diverse mix of trees makes community forests more resilient by minimizing the impacts of diseases, insects, and other stressors such as climate change and providing long-term community and environmental benefits; and WHEREAS, Thoughtfully choosing, planting, and caring for a diverse mix of trees now supports resilient communities into the future. NOW, THEREFORE, BE IT RESOLVED THAT May 20, 2023, is hereby designated Arbor Day in the City of Maplewood. th Adopted this 10 day of April, 2023. _________________________________ Marylee Abrams, Mayor ATTEST: ________________________________ Andrea Sindt, City Clerk Council Packet Page Number 33 of 86 G3 CITY COUNCIL STAFF REPORT Meeting Date April 10, 2023 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Mike Darrow, Assistant City Manager / Director of Human Resources PRESENTER: Mike Darrow, Assistant City Manager / Director of Human Resources AGENDA ITEM: Collective Bargaining Agreement with LELS Local 173 Police Sergeants (2023 - 2025) Action Requested: Motion Discussion Public Hearing Form of Action: Resolution Ordinance Contract/Agreement Proclamation Policy Issue: The existing union contract for LELS Local 173 Police Sergeants expired on December 31, 2022. Staff recommends the City Council approve a new collective bargaining agreement with the Sergeants for 2023 Î 2025. Recommended Action: Motion to approve the 2023-2025 Collective Bargaining Agreement between the City of Maplewood and LELS Local 173 Police Sergeants and authorize the Mayor and City Manager to execute the contract on behalf of the City. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is $42,540 for FY2023 Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: n/a Strategic Plan Relevance: Community Inclusiveness Financial & Asset Mgmt Environmental Stewardship Integrated Communication Operational Effectiveness Targeted Redevelopment The proposed contract meets strategic priorities for financial management as well as encourages employee recruitment and retention. Background: On January 23, 2023, the City Council met in closed session to discuss strategy and to provide direction. City Council discussed the impacts of these contracts against the overall goals of the City of Maplewood. These include: The proposed contract is in alignment with direction given from City Council during our closed session discussion. Council Packet Page Number 34 of 86 G3 Internal equity. Any adjustments to wages should emphasize one-time, non-base pay adjustments based upon the Baker Tilly Compensation Study completed in 2022 and begin to establish an internal compensation pattern with a focus on pay-equity. EmployerÓs ability to pay. Compensation and benefits do not compromise the fiscal health of the City and fit within the parameters of the revenue generated from the CityÓs tax levy; as well as budgeted expenditures approved in the 2023 budget. Valuing City employees and other economic factors. Compensation and benefits are competitive in the market which will continue to favorably position the City to retain and recruit employees. Compensation/Wages. These contracts reflect the CityÓs commitment toward competitive wages for our employees while underscoring our focus on culture, family-first initiatives and strength-based training. Attachments: 1. Redline Draft of LELS Local 173 Police Sergeants (2023 - 2025) Collective Bargaining Agreement Council Packet Page Number 35 of 86 G3, Attachment 1 Style Definition: TOC 1: Tab stops: 6.49", Right,Leader: È LABOR AGREEMENT BETWEEN CITY OF MAPLEWOOD AND LAW ENFORCEMENT LABOR SERVICES INC., (LOCAL 173) SERGEANTS January 1, 20222023- December 31, 20222025 Council Packet Page Number 36 of 86 G3, Attachment 1 Table of Contents ARTICLE 1: PURPOSE OF AGREEMENT .......................................... 1 ARTICLE 2: RECOGNITION ..................................................... 1 ARTICLE 3: DEFINITIONS ......................................................1 ARTICLE 4: EMPLOYER SECURITY .............................................. 2 ARTICLE 5: EMPLOYER AUTHORITY ............................................ 2 ARTICLE 6: UNION SECURITY.................................................. 2 ARTICLE 7: EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE ....................... 23 ARTICLE 8: SAVINGS CLAUSE ..................................................5 ARTICLE 9: SENIORITY........................................................5 ARTICLE 10: DISCIPLINE ..................................................... 56 ARTICLE 11: CONSTITUTIONAL PROTECTION .................................... 6 ARTICLE 12: WORK SCHEDULES ............................................... 6 ARTICLE 13: OVERTIME ....................................................... 7 ARTICLE 14: COURT TIME .................................................... 78 ARTICLE 15: CALLBACK TIME .................................................. 8 ARTICLE 16: VACATIONS/ANNUAL LEAVE ........................................ 8 ARTICLE 17: HOLIDAYS ....................................................... 9 ARTICLE 18: SICK LEAVE .................................................... 910 ARTICLE 19: SEVERANCE PAY .............................................. 1011 ARTICLE 20: FUNERAL LEAVE ............................................... 1011 ARTICLE 21: INJURY ON DUTY ................................................ 11 ARTICLE 22: INSURANCE..................................................... 11 ARTICLE 23: STANDBY PAY ................................................. 1314 ARTICLE 24: UNIFORMS .................................................... 1314 ARTICLE 25: LONGEVITY AND EDUCATIONAL INCENTIVE ....................... 1314 ARTICLE 26: FALSE ARREST ................................................ 1415 ARTICLE 27: WAIVER ...................................................... 1415 ARTICLE 28: DURATION .................................................... 1516 APPENDIX A .............................................................. 1617 APPENDIX BÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈ.ÈÈÈÈÈÈÈÈÈÈÈÈ18 Formatted: Font: (Default) Arial, 11 pt Formatted: Font: (Default) Arial, 11 pt Formatted: Font: (Default) Arial, 11 pt Formatted: Normal Council Packet Page Number 37 of 86 G3, Attachment 1 ARTICLE 1: PURPOSE OF AGREEMENT This Agreement is entered into between the City of Maplewood, hereinafter called the Employer, and Law Enforcement Labor Services, Inc., hereinafter called the Union. It is the intent and purpose of this Agreement to: 1.1 Establish procedures for the resolution of disputes concerning this AgreementÓs interpretation and/or application; and 1.2 Place in written form the parties' Agreement upon terms and conditions of employment for the duration of this Agreement. ARTICLE 2: RECOGNITION 2.1 The Employer recognizes the Union as the exclusive representative, under state law for all police personnel in the following job classifications: Police Sergeant 2.2 In the event the Employer and the Union are unable to agree as to the inclusion or exclusion of a new or modified job class, the issue shall be submitted to the Bureau of Mediation Services for determination. ARTICLE 3: DEFINITIONS 3.1 UNION: Law Enforcement Labor Services Inc. 3.2 UNION MEMBER: A member of Law Enforcement Labor Services Inc. (Local 173). 3.3 EMPLOYEE: A member of the exclusively recognized bargaining unit. 3.4 DEPARTMENT: The City of Maplewood Police Department. 3.5 EMPLOYER: The City of Maplewood. 3.6 CHIEF: The Chief of the Maplewood Police Department. 3.7 UNION OFFICER: Officer elected or appointed by Law Enforcement Labor Services Inc., (Local 173). 3.8 OVERTIME: Work performed at the express authorization of the EMPLOYER in excess of the employee's scheduled shift. 3.9 SCHEDULED SHIFT: A consecutive work period including rest breaks and a lunch break. 3.10 REST BREAKS: Periods during the SCHEDULED SHIFT during which the employee remains on continual duty and is responsible for assigned duties. 3.11 LUNCH BREAK: A period during the SCHEDULED SHIFT during which the employee remains on continual duty and is responsible for assigned duties. Council Packet Page Number 38 of 86 G3, Attachment 1 3.12 STRIKE: Concerted action in failing to report for duty, the willful absence from one's position, the stoppage of work, slow-down, or abstinence in whole or in part from the full, faithful and proper performance of the duties of employment for the purposes of inducing, influencing or coercing a change in the conditions or compensation or the rights, privileges or obligations of employment. ARTICLE 4: EMPLOYER SECURITY The Union agrees that during the life of this Agreement that the Union will not cause, encourage, participate in, or support any strike, slow-down, or other interruption of or interference with the normal functions of the Employer. ARTICLE 5: EMPLOYER AUTHORITY 5.1 The Employer retains the full and unrestricted right to operate and manage all manpower, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structures; to select, direct, and determine the number of personnel; to establish work schedules; and to perform any inherent managerial function not specifically limited by this Agreement. 5.2 Any term and condition of employment not specifically established or modified by this Agreement shall remain solely within the discretion of the Employer to modify, establish, or eliminate except for those terms that are mandatory subjects of bargaining. ARTICLE 6: UNION SECURITY 6.1 The Employer shall deduct from the wages of employees who authorize such a deduction in writing an amount necessary to cover monthly Union dues. Such monies shall be remitted as directed by the Union. 6.2 The Union may designate employees from the bargaining unit to act as a steward and an alternate and shall inform the Employer in writing of such choice and changes in the position of steward and/or alternate. 6.3 The Employer shall make space available on the employee bulletin board for posting Union notice(s) and announcement(s). 6.4 The Union agrees to indemnify and hold the Employer harmless against any and all claims, suits, orders, or judgments brought or issued against the Employer as a result of any action taken or not taken by the Employer under the provisions of this Article. 6.5 The Employer agrees not to enter into any additional agreements with Employees, individually or collectively concerning any terms or conditions of employment as defined by M.S. 179A.03, Subd. 19. ARTICLE 7: EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE Council Packet Page Number 39 of 86 G3, Attachment 1 7.1 Definition of a Grievance - A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this Agreement. 7.2 Union Representatives - The Employer will recognize representatives designated by the Union as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The Union representatives and/or their successors when so designated as provided by 6.2 of this Agreement shall be the sole representative of the Union. 7.3 Processing of a Grievance - It is recognized and accepted by the Union and the Employer that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the Employees and shall therefore be accomplished during normal working hours only when consistent with such Employee duties and responsibilities. The aggrieved Employee and a Union representative shall be allowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the Employer during normal working hours provided that the Employee and the Union representative have notified and received the approval of the designated supervisor who has determined that such absence is reasonable and would not be detrimental to the work programs of the Employer. 7.4 Procedure - Grievances, as defined by Section 7.1, shall be resolved in conformance with the following procedure. Step 1. An Employee claiming a violation concerning the interpretation of application of this Agreement shall, within twenty-one (21) calendar days after such alleged violation has occurred, present such grievance to the EmployeeÓs supervisor as designated by the Employer. The Employer-designated representative will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the Agreement allegedly violated, the remedy requested, and shall be appealed to Step 2 within ten (10) calendar days after the Employer-designated representativeÓs final answer in Step 1. Any grievance not appealed in writing to Step 2 by the Union within ten (10) calendar days shall be considered waived. Step 2. If appealed, the written grievance shall be presented by the Union and discussed with the Employer-designated representative. The Employer- designated representative shall give the Union the EmployerÓs Step 2 answer in writing within ten (10) calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed in Step 3 within ten (10) calendar days following the Employer-designated representativeÓs final answer in Step 2. Any grievance not appealed in writing to Step 3 by the Union within ten (10) calendar days shall be considered waived. Step 3. If appealed, the written grievance shall be presented by the Union and discussed with the Employer-designated Step 3 representative. The Employer- designated representative shall give the Union the EmployerÓs answer in writing within ten (10) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days Council Packet Page Number 40 of 86 G3, Attachment 1 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 A. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the terms and conditions of this Agreement. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the Employer and the Union, and shall have no authority to make a decision on any other issue not so submitted. B. The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modifying or varying in any way the application of laws, rules, or regulations having the force and effect of law. The arbitrator's decisions shall be submitted in writing within thirty (30) days following the close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on both the Employer and the Union and shall be based solely on the arbitrator's interpretation or application of the express terms of this Agreement and to the facts of the grievance presented. C. The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the Employer and the Union provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings the cost shall be shared equally. 7.6 Waiver - If a grievance is not presented within the time limits set forth above, it shall be considered "waived". If a grievance is not responded to within the specified time limits, the Union may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual written Agreement of the Employer and the Union in each step. 7.7 Choice of Remedy - If, as a result of the written Employer response in Step 3, the grievance remains unresolved, and if the grievance involves the suspension, demotion, or discharge of an employee who has completed the required probationary period, the grievance may be appealed either to Step 4 of Article 7 or a procedure such as: Civil Council Packet Page Number 41 of 86 G3, Attachment 1 Service, Veteran's Preference, or Fair Employment. If appealed to any procedure other than Step 4 of Article 7 the grievance is not subject to the arbitration procedure as provided in Step 4 of Article 7. The aggrieved employee shall indicate in writing which procedure is to be utilized -- Step 4 of Article 7 or another appeal procedure -- and shall sign a statement to the effect that the choice of any other hearing precludes the aggrieved employee from making a subsequent appeal through Step 4 of Article 7. ARTICLE 8: SAVINGS CLAUSE This Agreement is subject to the laws of the United States, the State of Minnesota, and the City of Maplewood. In the event any provision of this Agreement shall be held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provisions shall be voided. All other provisions of this Agreement shall continue in full force and effect. The voided provision may be renegotiated at the written request of either party. ARTICLE 9: SENIORITY 9.1 Seniority shall be determined by the employee's length of continuous employment as a Sergeant with the Police Department and posted in an appropriate location. 9.2 During the probationary period a newly hired or rehired Employee may be discharged at the sole discretion of the Employer. During the probationary period a promoted or reassigned Employee may be returned to their previous position at the sole discretion of the Employer 9.3 A reduction of work force will be accomplished on the basis of seniority. Employees shall be recalled from layoff on the basis of seniority. Employees on layoff shall have an opportunity to return to work within two years of the time of their layoff before any new employee is hired or promoted. 9.4 Patrol Shift selection shall be based upon seniority. The bid will be done annually going st into effect on January 1. The bid will be completed by September 15 for the following year. In the event there is a reassignment or a change in patrol seniority a bid must be posted immediately and be completed in 96 hours. The bid will then go into effect 28 days after the bid has been completed. The bid must specify sets days or rotation and specify specific set hours of the shifts. 9.5 Employees may select two (2) continuous vacation periods by seniority in the fall for the following calendar year. The first choice shall be selected from a posting posted by October 1st. Such selection shall be completed by October 30th. The second choice shall st be selected from a posting posted by October 31. Such selection shall be completed by November 30th. There shall be no second choice bids until first choice bids have been completed. Employees shall bid in a timely manner. A timely manner is defined as a maximum of two of the employeeÓs working days after becoming eligible to bid. After November 30th, vacations shall be bid on a first-come, first-served basis. ARTICLE 10: DISCIPLINE 10.1 The Employer will discipline employees for just cause only. Discipline will be in one or more of the following forms Council Packet Page Number 42 of 86 G3, Attachment 1 a) oral reprimand; b) written reprimand; c) suspension; d) demotion; or e) discharge. 10.2 Suspensions, demotions, and discharges will be in written form. 10.3 Written reprimands, notices of suspension, and notices of discharge, which are to become part of an employee's personnel file shall be read and acknowledged by signature of the employee. Employees and the Union will receive a copy of such reprimands and/or notices. 10.4 Employees may examine their own individual personnel files at reasonable times under the direct supervision of the Employer. 10.5 Employees will not be questioned concerning an investigation of disciplinary action unless the Employee has been given an opportunity to have a Union representative present at such questioning. 10.6 Grievances relating to suspensions, demotions or terminations shall be initiated by the union in Step 3 of the grievance procedure under Article 7. 10.7 The Employer will remove old disciplinary letters after five (5) years if no further discipline, above that of a verbal reprimand, has occurred within that five-year period. ARTICLE 11: CONSTITUTIONAL PROTECTION Employees shall have the rights granted to all citizens by the United States and Minnesota State Constitutions. ARTICLE 12: WORK SCHEDULES 12.1 The normal work year is two thousand and eighty hours (2,080) to be accounted for by each Employee through: a) hours worked on assigned shifts; b) holidays; c) assigned training; 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. Council Packet Page Number 43 of 86 G3, Attachment 1 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 base rate for hours worked in excess of the employee's regularly scheduled shift. Changes of shifts do not qualify an employee for overtime under this Article. 13.2 Overtime will be distributed as equally as practicable. 13.3 Overtime refused by Employees will for record purposes under Article 13.2 be considered as unpaid overtime worked. 13.4 For the purpose of computing overtime compensation, overtime hours worked shall not be pyramided, compounded, or paid twice for the same hours worked. 13.5 Overtime will be calculated to the nearest fifteen (15) minutes. 13.6 Employees have the obligation to work overtime or call backs if requested by the Employer unless unusual circumstances prevent the Employee from so working. ARTICLE 14: COURT TIME An Employee who is required to appear in Court during his scheduled off-duty time shall receive a minimum of four (4) hours pay at one and one-half (1-1/2) times the Employee's base pay rate. An extension or early report to a regularly scheduled shift for Court appearance does not qualify the Employee for the four (4) hour minimum. If employees have received notice from EMPLOYER of a specific date and time to appear in court on behalf of EMPLOYER during their scheduled off duty time, and EMPLOYER (specifically a prosecuting body) cancels said appearance with less than 36 hours notice from the time and date of such requested appearance, then employee shall receive reimbursement equivalent to the Court Time pay as provided herein, for such cancellation, upon notation on the timesheet of the employee requesting such reimbursement. Such reimbursement shall not apply to cancellation if employee has been called for multiple hearings on the same day, unless all such hearings were cancelled. In such event that multiple hearings Council Packet Page Number 44 of 86 G3, Attachment 1 were noticed for the same day and all were cancelled less than thirty six (36) hours prior to such hearings, then employee is still only eligible for one 4 hour reimbursement as provided above. ARTICLE 15: CALLBACK TIME An Employee who is called to duty during their scheduled off-duty time shall receive a minimum of two (2) hours' pay at one and one-half (1-1/2) times the Employee's base pay rate. An extension or early report to a regularly scheduled shift for duty does not qualify the Employee for the two (2) hour minimum. ARTICLE 16: VACATIONS/ANNUAL LEAVE 16.1 Full-time employees who are who are not accruing annual leave shall earn vacation leave as per the following schedule: 1-4 years of service 10 working days per year 5-11 years of service 15 working days per year 12-20 years of service 20 working days per year 21 years and thereafter 25 working days per year 16.2 Employees shall be allowed to carry over a maximum of one and one-half (1-1/2) times their annual earning rate into any succeeding year. st 16.3 On December 1 of each year, employees who are at the 15 day vacation accrual rate or higher, with a minimum balance of 80 hours, shall be eligible to convert up to 40 hours of unused vacation time to deferred compensation. Conversion will be at the Employers current hourly rate as of 12-01 and will be on the basis of one hour of vacation for one hour of deferred compensation pay. Actual conversion will take place in the second payroll of the following year. 16.4 The Employer and Union agree to incorporate the Annual Leave Program as adopted by the City on May 5, 2001, and as amended on September 23, 2002. Articles 16.1 through 16.3 do not apply to employees who select the Annual Leave Program. Full-time employees who are on the annual leave benefit plan shall earn annual leave as per the following schedule: Annual Leave Accrual Rates for FT employees - Years of Service Annual Accrual Rates 1 - 4 Years 19 days (152 hours per year) 5 - 11 Years 24 days (192 hours per year) 12 - 20 Years 29 days (232 hours per year) Council Packet Page Number 45 of 86 G3, Attachment 1 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 and shall be compensated at their regular pay rate for these days. Holiday hours will be st made available January 1 of each year. If employment is separated the balance will be withheld by the employer based on the actual holidays earned. New Year's Day Martin Luther King's B-Day President's Day Veteran's Day Memorial Day Independence Day Labor Day Thanksgiving Day Day After Thanksgiving Christmas Day 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 compensated at time and one half for actual hours worked on the holiday. Employees who work at least half of their assigned shift on the holiday will receive time and one half for the entire shift. Compensation shall be credited in either pay or compensatory time off. 17.3 If an employee is called to duty on their scheduled off-duty time on a statutory holiday, as defined in Article 17.1, shall receive a minimum of two (2) hoursÓ pay at two times (2x) the employeeÓs regular rate of pay. 17.4 If compelled by their supervisor to work in excess of a regularly scheduled shift on a holiday, as defined in Article 17.1, employees will be compensated at two times (2x) the employeeÓs regular rate of pay for only those actual hours worked in excess of their scheduled shift. 17.5 In addition to the holidays listed in 17.1, all full-time employees shall receive twenty (20) hours of Personal holiday time per year. The time shall be requested off by the employee and approved by the employer. The hours must be used during the year and will not carry st over to the next year. Any unused hours as of December 31 will be converted to the employeeÓs Retiree Health Savings Plan. ARTICLE 18: SICK LEAVE Council Packet Page Number 46 of 86 G3, Attachment 1 18.1 A full-time employee who is not accruing annual leave shall accumulate sick leave at a rate of one and one-quarter (1-1/4) days per month. Accumulated sick leave shall never total more than three hundred (300) days. Actual sick leave cannot be made up by additional work shifts. 18.2 Full-time employees can convert sick leave to vacation or deferred compensation (at the Employee's current pay rate) on December 31st of any year assuming the Employee elected the conversion option at the beginning of the year and had at least 800 hours at that time. The rate of conversation will be two (2) hours of sick leave for one (1) hour of vacation or deferred compensation. Such conversion shall not exceed a total of forty-eight (48) hours of vacation or deferred compensation. The sick leave balance will be capped (frozen) on January 1 of the year the option is first elected. That balance or cap (which can be anything between 800 and 2400 hours) will remain as the cap for that Employee into the future. Employees will, however, accrue additional sick leave hours (above the cap) during the succeeding twelve months at the regular accrual rate only for purposes of conversion or use during that year. The conversion will take place on December 31st and will be limited to the 48 hours as stated above. Only hours earned in excess of the cap (January 1 through December 31) are eligible for conversion. Any additional hours accrued but unused during that year will be lost. An Employee who does not elect the conversion option will never accrue above 2400 hours. Employees who are close to, or at, 2400 hours who elect the conversion option at the beginning of a given year can accrue additional sick leave above the 2400 hours during the year only for purposes of conversion, or use, during that year. Hours accrued but unused between January 1 and December 31 of that year will then be converted to a maximum of 48 hours of vacation or deferred compensation. Any remaining balance above the cap will be lost. The employee will start the following year with no more than 2400 hours. Employees who have a sick leave cap and who retire or resign under satisfactory conditions prior to December 31 of a given year, will be eligible to convert up to 80% of sick leave accrued and unused during that year. 18.3 Article 18 does not apply to employees who accrue annual leave except as provided in the Annual Leave Program (Current Sick Leave BalanceÏDeferred Sick Leave and Severance Pay sections). ARTICLE 19: SEVERANCE PAY Upon retirement or termination under satisfactory conditions, after at least ten (10) years of service, the Employee shall receive one-half (1/2) of his/her accumulated sick leave upon the basis of the Employee's outgoing salary. In case of death which cannot be contributed to his/her duty, payment of one-half (1/2) of Employee's sick leave shall be paid to the Employee's beneficiary. In case of death in the line of duty, payment of the Employee's full-accumulated sick leave shall be made to the Employee's beneficiary. ARTICLE 20: FUNERAL/BEREVEMENT LEAVE A maximum of up to three (3) shifts of funeral/bereavement leave with pay shall be extended to a regular full-time Sergeant upon the death of a member of the immediate family of said Sergeant or his/her spouse (i.e., spouse, children, sons-in-law, daughters-in-law, grandchildren, parents, Council Packet Page Number 47 of 86 G3, Attachment 1 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 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 2022 2023-2025 Health Care Costs/Contributions 22.1 For all full-time employees hired prior to January 1, 2013, the employer will pay 100% of the cost of employee (single) health insurance premium less $20, and 50% plus $45 toward the cost of the monthly dependent health insurance premium for the High Deductible Health Plan (hereafter the ÐHDHPÑ) for either the Medica Elect/Essential or Medica Choice plans. The Employer shall contribute towards the cost for insurance as follows: a. $20 per month credit towards single health care insurance for those employees who are deemed to have actively participated in the City provided Wellness Plan. i. The term actively participated shall be as determined by the Labor- Management Wellness Committee. b. $1,900 annually into a Health Reimbursement Account (HRA) for those employees who elect single coverage in either the Medica Elect/Essential Plan or Medica Choice plan. c. $3,200 annually into a HRA for those employees who elect family coverage in either the Medica Elect/Essential Plan or Medica Choice Plan. d. The City shall make such deposits for single or family HRA contributions by way of pro-rata contributions. The City will also provide a funding option which shall be available to any employee who requires earlier funding of the CityÓs contribution due to medical event(s). In such case, the Employee shall make a request for funding to the Human Resources Coordinator and shall provide documentation supporting such request. The City shall also make a resource person available on a regular basis to the Employees to assist them with paperwork and billing issues related to the HDHP. e. As an incentive to participate in the Wellness Program, the City shall contribute up to $450 annually toward the Employee HRA for those Employees who have been determined to have actively participated in the Wellness Program as determined by the Labor-Management Wellness Committee. At the employeeÓs option the employee may choose to receive up to 12 hours of annual leave or 12 hours of Council Packet Page Number 48 of 86 G3, Attachment 1 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. 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. 2022 2023-2025 Health Care Costs/Contributions The Employer and the Employee mutually agreed to Health Care Costs and Contributions in 20222023, 2024 and 2025. Beginning in 2024, the City will offer an HSA. 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. Council Packet Page Number 49 of 86 G3, Attachment 1 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: One-hundred percent (100%) of eligible severance pay for sick leave and deferred sick leave would be deposited into the RHS plan if the employee is age 31 or above at the time of separation from service. 4. The RHS plan will be funded with annual deposits as follows: Employees will have the cash value of all personal holiday hours unused as of st December 31 deposited into the RHS plan. ARTICLE 23: STANDBY PAY An employee placed on standby for court will be paid one-quarter (1/4) hour for each hour on standby under the following circumstances. A Lieutenant, or higher-ranking officer in the department, will set a defined period with a start and automatic ending time, but can call and cancel it earlier. The Lieutenant will decide when and if they will put an employee on standby. ARTICLE 24: UNIFORMS The Employer shall provide a contribution for required uniform and equipment items, but the contribution is not to exceed $900 per year for 2019 and 2020. Uniform balances may be carried over from year to year, not to exceed a one year amount. The Employer will reimburse Employees one-hundred percent (100%) of the cost of peace officer license renewal. ARTICLE 25: LONGEVITY AND EDUCATIONAL INCENTIVE Council Packet Page Number 50 of 86 G3, Attachment 1 25.1 Effective January 1, 2011, the following terms and conditions are effective: 25.1.1 After four years of continuous employment as a Sergeant, each Employee shall be paid an additional step in pay of three and one half percent (3.5%) of that Employees base pay. 25.1.2 After six years of continuous employment as a Sergeant, each Employee shall be paid an additional step in pay of five and one half percent (5.5%) of that Employees base pay. This step in pay increase shall not be cumulative and does not include the three and ½ percent (3.5%) four (4) year step set forth above. Specifically, the five and ½ percent (5.5%) is calculated on the base pay which shall not include the aforementioned three and ½ percent (3.5%) increase. 25.1.3 After eight (8) years of continuous employment as a Sergeant, each Employee shall be paid an additional step in pay of seven and one half percent 7.5%) of that Employees base pay. This step in pay increase shall not be cumulative and does not include the two steps set forth above. Specifically, the seven and ½ percent (7.5%) is calculated on the base pay which shall not include the aforementioned increases. 25.1.3 After twelve (12) years of continuous employment as a Sergeant, each Employee shall be paid an additional step in pay of nine and one half percent (9.5%) of that Employees base pay. This step in pay increase shall not be cumulative and does not include the three steps set forth above. Specifically, the nine and one half percent (9.5%) is calculated on the base pay which shall not include the aforementioned increases. 25.1.4 1 When funds are available as determined by the Department head , The EMPLOYER agrees to pay fifty percent (50%) of the cost of tuition, books and unique software required specifically for the class ( as opposed to general software such as ÐMicrosoft Word¨Ñ), upon successful completion with a ÐCÑ grade or better, seventy-five (75%) reimbursement upon completion with a ÐBÑ grade or better and eighty five percent (85%) reimbursement upon completion with an A grade, during the term of this AGREEMENT, on accredited course work at the vocational, undergraduate, or graduate college level which is determined by the EMPLOYER to be job related. All course work covered by this Article shall be during non-working hours. Part-Time Employees are eligible for this benefit on a prorated basis. The maximum reimbursement will be based on the per credit cost at the University of Minnesota. Employees may elect to attend a more costly school provided they pay the difference in cost. Employees must reimburse the City on a pro-rata basis if they voluntarily leave employment or are terminated for cause within thirty six (36) months of reimbursement. ARTICLE 26: FALSE ARREST The Employer shall provide and pay all premiums due on False Arrest Insurance to cover all Employees covered by this Agreement. ARTICLE 27: WAIVER 27.1 Any and all prior Agreements, resolutions, practices, policies, rules, and regulations regarding terms and conditions of employment, to the extent inconsistent with the provisions of this Agreement, are hereby superseded. Council Packet Page Number 51 of 86 G3, Attachment 1 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. 27.3 The Union and the City agree to meet and confer to discuss possible accommodations for "qualified" disabled employees as the need arises, consistent with the intent of the Americans with Disabilities Act. ARTICLE 28: DURATION Except as herein provided, this Agreement shall be effective as of January 1, 20222023, except as herein noted, and shall continue in full force and effect until December 31, 2022 2025 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 _______________2023. 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 52 of 86 G3, Attachment 1 APPENDIX A 1. WAGE RATES Effective January 1, 2022 Step 1 Start ...................................................................................................... $8,281.48 Step 2 After 1 Year ........................................................................................... $8,541.12 Step 3 After 2 Years ........................................................................................ $8,802.12 Step 4 After 3 Years Top Sergeant Pay ........................................................... $9,061.75 Employees shall receive the following Wage Adjustment: A 4% wage adjustment effective January 1, 2022. Effective January 1, 2023, employees will be placed on the step in the new pay plan at Formatted: Font: 11 pt the designated grade that provides a wage rate that is equal to or greater than the employeeÓs December 31, 2022 base wage. 1.00% general wage increase effective January 1, 2023 to be calculated after implementation of new step plan 1.00% 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 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. New salary ranges are adopted with the 2023 contract. The new salary ranges have seven (7) steps. Movement within the range is based on time in position. Employees will be eligible for step Formatted: Font: 11 pt, Not Strikethrough movement once per year on their anniversary date until they reach Step G. Formatted: Font: 11 pt It is understood that the City has the right to start a new hire at any step in the regular salary range at the CityÓs discretion when hiring an experienced employee. 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 Council Packet Page Number 53 of 86 G3, Attachment 1 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 rateStep D. Council Packet Page Number 54 of 86 G3, Attachment 1 Formatted: Font: (Default) Arial, 11 pt Council Packet Page Number 55 of 86 G4 CITY COUNCILSTAFF REPORT Meeting Date April 10, 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 Associated General Contractors of MN, Keller Golf Course, 2166 Maplewood Drive Action Requested: Motion Discussion Public Hearing Form of Action: Resolution Ordinance Contract/Agreement Proclamation Policy Issue: A request for a Local Lawful Gambling permit has been submitted by Associated General Contractors of MN. Approval of the request would allow lawful gambling activity to be conducted during the organization’s 2023 AGC Golf Tournament held at Keller Golf Course, 2166 Maplewood Drive, on August 4, 2023. Recommended Action: Motion to approve the Local Lawful Gambling permit for Associated General Contractors of MN for their event on August 4, 2023 at Keller Golf Course, 2166 Maplewood Drive. 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 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 56 of 86 G5 CITY COUNCILSTAFF REPORT Meeting Date April 10, 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 St Paul’s Monastery, 2675 Benet Road Action Requested: Motion Discussion Public Hearing Form of Action: Resolution Ordinance Contract/Agreement Proclamation Policy Issue: A request for a Local Lawful Gambling permit has been submitted by St Paul’s Monastery. Approval of the request would allow lawful gambling activity to be conducted during the organization’s Benedictine Festival held at St Paul’s Monastery, 2675 Benet Road, on June 24, 2023. Recommended Action: Motion to approve the Local Lawful Gambling permit for St Paul’s Monastery, 2675 Benet Road, for their event on June 24, 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 Inclusiveness Financial & Asset Mgmt Environmental Stewardship Integrated Communication Operational Effectiveness Targeted 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 57 of 86 G6 CITY COUNCILSTAFF REPORT Meeting Date April 10, 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: Resolution for a Lawful Gambling Premises Permit for Roseville Area Youth Hockey Association at McCarron’s Pub and Grill, 1986 Rice Street Action Requested: Motion Discussion Public Hearing Form of Action: Resolution Ordinance Contract/Agreement Proclamation Policy Issue: A request for a Lawful Gambling Premises permit has been submitted by Roseville Area Youth Hockey Association. Approval of the request would allow lawful gambling activity (pull-tabs, bar bingo, tip-boards and paddlewheel) to be conducted at McCarron’s Pub and Grill, 1986 Rice Street, on an ongoing basis. Recommended Action: Motion to approve the resolution for a lawful gambling premises permit for Roseville Area Youth Hockey Association to conduct gambling activities at McCarron’s Pub and Grill, 1986 Rice Street. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is $0.00 Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: n/a Strategic Plan Relevance: Community Inclusiveness Financial & Asset Mgmt Environmental Stewardship Integrated Communication Operational Effectiveness Targeted Redevelopment Approval and issuance of a Premises permit is done by the Minnesota Gambling Control Board; however, before the Board will review an application, Council approval of the activity is required per MN §349.213 subd. 2. Background: The Roseville Area Youth Hockey Association serves youth in and around the Maplewood area. The Roseville Area Youth Hockey Association is replacing the current Lawful Gambling Premise organization operating at McCarron’s Pub and Grill, and currently operates other Lawful Gambling Premise locations in the surrounding area. Council Packet Page Number 58 of 86 G6 For the purposes of this application, a background investigation has been conducted on the organization’s designated gambling manager: Ashlee Horwath. Attachments: 1. Resolution for a Lawful Gambling Premises Permit Council Packet Page Number 59 of 86 G6, Attachment 1 RESOLUTION ______ LAWFUL GAMBLING PREMISES PERMIT FOR ROSEVILLE AREA YOUTH HOCKEY ASSOCIATION AT MCCARRON’S PUB AND GRILL WHEREAS, Roseville Area Youth Hockey Association has submitted an application to the City of Maplewood requesting City approval of a Lawful Gambling Premises permit application, to be used at McCarron’s Pub and Grill, 1986 Rice Street, Maplewood, MN; WHEREAS, local approval is required prior to the Gambling Control Board’s issuance of a premises permit; BE IT HEREBY RESOLVED, by the City Council of Maplewood, MN, that the premises permit for lawful gambling is approved for Roseville Area Youth Hockey Association to conduct gambling activities at McCarron’s Pub and Grill, 1986 Rice Street, Maplewood, MN. FURTHERMORE, that the Maplewood City Council requests that the Gambling Control Board approve said permit application as being in compliance with Minnesota Statute §349.213. NOW, THEREFORE, be it further resolved that this Resolution by the City Council of Maplewood, MN, be forwarded to the Gambling Control Board for their approval. Council Packet Page Number 60 of 86 G7 CITY COUNCIL STAFF REPORT Meeting Date April 10, 2023 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Michael Mondor, Fire and EMS Chief PRESENTER:Michael Mondor, Fire and EMS Chief AGENDA ITEM: Purchase Firefighter Personal Protective Equipment (PPE) Action Requested: MotionDiscussion Public Hearing Form of Action: Resolution OrdinanceContract/Agreement Proclamation Policy Issue: The fire department is in need of replacing a firefighter personal protective equipment (PPE). The purchase of the equipment is in the Capital Improvement Plan (CIP) for 2023. City Council approval is required to purchase this equipment. Recommended Action: Motion to approve the purchase of Firefighter Personal Protective Equipment (PPE). Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is $140,676.96. Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: n/a Strategic Plan Relevance: Community InclusivenessFinancial & Asset MgmtEnvironmental Stewardship Integrated Communication Operational EffectivenessTargeted Redevelopment Ensuring the department’s personal protective equipment (PPE) is compliant with National Fire Protection Association (NFPA) guidelines and that the department has an adequate amount of PPE to issue to staff. Background: The National Fire Protection Association (NFPA) 1851 standard establishes requirements for the selection, care and maintenance of structural firefighting protective clothing and equipment. This standard is considered an industry best practice and recommends that turnout gear and other protective clothing/equipment that is 10 years past its manufactured date is replaced. The fire department is in need of replacing 36 sets of turnout gear and 21 sets of firefighting boots to continue to meet this standard. The original amount budgeted in the CIP was $96,000. Turnout gear price increases and the need for additional sets of turnout gear to maintain compliance with Council Packet Page Number 61 of 86 G7 this standard led to a quoted amount of $140,676.96. If approved, this purchase would be funded by the Fire/EMS Capital Equipment fund. TURNOUT GEAR REPLACEMENT PROJECT BUDGET DescriptionAmount Turnout Gear (36 Sets @ $3,778.14 each)$128,181.96 Structural Firefighting Boots (21 pairs @ $595 each)$12,495.00 Total Project Budget: $140,676.96 Attachments: 1.Firefighter Turnout Gear Quotation-Jefferson Fire Safety 2.Firefighter Turnout Gear Quotation-Macqueen Emergency 3.Structural Firefighting Boot Quote-Macqueen Emergency Council Packet Page Number 62 of 86 G7, Attachment 1 Rvpuf Psefs!Op;3127:2 Psefs!Ebuf;50403134 Evf!Ebuf;50403134 Tbmftqfstpo; Dvtupnfs!JE;142:7 Kfggfstpo!Gjsf!boe!Tbgfuz-!Jod/ 8731!Epoob!Esjwf Njeemfupo-!XJ-!64673 Qipof;!719.947.1179 Xfc;!xxx/kfggfstpogjsf/dpn CJMM!UP;TIJQ!UP; Nbqmfxppe!Gjsf!EfqbsunfouNbqmfxppe!Gjsf!Efqbsunfou 2641!Dpvouz!Spbe!D!Fbtu2641!Dpvouz!Spbe!D!Fbtu Buuo;!Bttu!Dijfg!Szbo!TdispfefsBuuo;!Bttu!Dijfg!Szbo!Tdispfefs Nbqmfxppe!NO!6621:Nbqmfxppe!NO!6621: DVTUPNFS!Q/P/!OP/UFSNTDPOUBDU Ofu!31!EbztNjlf!Nbmftlj TIJQ!WJB GPC!QPJOUTIJQQJOH!UFSNT VQT JUFNJUFN!EFTDSJQUJPORUZ/VOJU!QSJDFFYU!QSJDF JOO!7111Y.DCJOOPUFY!BSNPS!BQ!OPN0LFW/!DPBU-!CMBDL47/113-241/3187-798/31 JOO!7111Y.QCJOOPUFY!BSNPS!BQ!OPN0LFW/!QBOUT-!CMBDL47/112-541/5262-5:5/87 TjhobuvsfEbuf Bmm!sfuvsot!nvtu!cf!sfdfjwfe!xjuijo!41!ebzt!pg!efmjwfsz!boe!nbz!cf!tvckfdu!up!b!36&!sftupdljoh!gff/!Dvtupn!psefst!dboopu!cf!sfuvsofe/ Wjtju!pvs!xfctjuf!gps!dpnqmfuf!efubjmt;!xxx/kfggfstpogjsf/dpn +++!!!Dsfeju!dbse!qbznfout!xjmm!jodvs!b!4&!qspdfttjoh!gff!!!+++ Tbmft!Upubm;239-292/:7 Gsfjhiu;1/11 Uby!Upubm;1/11 Upubm!)VTE*;239-292/:7 Qbhf;!2!pg!2 Council Packet Page Number 63 of 86 G7, Attachment 2 NBQMFXPPEGJSFEFQU/27.EFMBGJFME-XJ 2641DPVOUZSPBEDFBTU NBQMFXPPE-NO6621:150140313426;33;32)P*2 13 NBQMF122117:13 NBQMFXPPEGJSFEFQURVPUF 2641DPVOUZSPBEDFBTU NbqmfxppeNO6621: 3960464 Buufoujpo;NJLFNBMFTLJFTUJNBUFFYQJSZEBUF;1504103134 Qbsu$```````````````EftdsjqujpoVRuz````````````````````````````````````````````````QsjdfBnpvou SfgfsfodfOvncfs;117:13.KQBHFBS BUYKQBHFBSRVPUFBUYKQBRVPUF475977/26286292/51 BUIMFUJYKQBUVSOPVUHFBSNBEFUPGE TQFD ++GSFJHIUOPUJODMVEFE++ Tvcupubm;286292/51 Uby;/11 Bvuipsj{bujpo;`````````````````````````UPUBM;286292/51 Council Packet Page Number 64 of 86 G7, Attachment 3 NBQMFXPPEGJSFEFQU/27.EFMBGJFME-XJ 2641DPVOUZSPBEDFBTU NBQMFXPPE-NO6621:150140313426;37;35)P*2 13 NBQMF12211823: NBQMFXPPEGJSFEFQUCFTUXBZCPPUT 2641DPVOUZSPBEDFBTU NbqmfxppeNO6621: 3960464 Buufoujpo;NJLFNBMFTLJFTUJNBUFFYQJSZEBUF;1504103134 Qbsu$```````````````EftdsjqujpoVRuz````````````````````````````````````````````````QsjdfBnpvou SfgfsfodfOvncfs;11823:.CPPUT 231B531HMPCFTVQSFNF326:6/11235:6/11 HmpcfTVQSFNF25#Qvmm.PoNfo(tMfbuifs TusvduvsbmGjsf GjhiujohCppux0WJCSBNBSDUJDHSJQ QSPPvutpmft/ )TQFDJGZTJ\[FXIFOPSEFSJOH* ++GSFJHUIOPUJODMVEFE++ Tvcupubm;235:6/11 Uby;/11 Bvuipsj{bujpo;`````````````````````````UPUBM;235:6/11 Council Packet Page Number 65 of 86 G8 CITY COUNCILSTAFF REPORT Meeting Date April 10, 2023 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Brian Bierdeman, Public Safety Director PRESENTER: Brian Bierdeman, Public Safety Director AGENDA ITEM: Resolution Accepting Donation to the Maplewood Police Department Honor Guard from the Family of Retired Maplewood Police Officer Jim Meehan Action Requested: MotionDiscussion Public Hearing Form of Action: Resolution OrdinanceContract/Agreement Proclamation Policy Issue: City Council approval is required in order for the Maplewood Police Department to accept a $500 donation from the family of retired Maplewood Police Officer Jim Meehan. Recommended Action: Motion to approve the resolution accepting the donation from the family of retired Maplewood Police Officer Jim Meehan. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is $0.00 Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: N/A Strategic Plan Relevance: Community InclusivenessFinancial & Asset MgmtEnvironmental Stewardship Integrated Communication Operational EffectivenessTargeted Redevelopment N/A Background: Jim Meehan served as a Maplewood Police Officer for 25 years. The Maplewood Police Department Honor Guard represented the Maplewood Police Department at Jim’s memorial service on February 23, 2023. The family of Jim Meehan presented a check to the Maplewood Police Department’s Honor Guard in the amount of $500. The Finance Department is to increase the police services donations account as requested. Attachments: 1.Resolution Accepting Donation 2.Thank You from the family of Jim Meehan Council Packet Page Number 66 of 86 G8, Attachment 1 RESOLUTION AUTHORIZING GIFT TO CITY WHEREAS, Maplewood is AUTHORIZED to receive and accept grants, gifts and devices of real and personal property and maintain the same for the benefit of the citizens and pursuant to the donor’s terms if so-prescribed, and; WHEREAS, the family of Jim Meehan wishes to grant the City of Maplewood the following: $500, and; WHEREAS, the family of Jim Meehan has instructed that the City will be required to use the aforementioned for: the Maplewood Police Department Honor Guard, and; WHEREAS, the City of Maplewood has agreed to use the subject of this resolution for the purposes and under the terms prescribed, and; WHEREAS, the City agrees that it will accept the gift by a super majority of its governing body’s membership pursuant to Minnesota Statute §465.03; NOW, THEREFORE, BE IT RESOLVED, pursuant to Minnesota Statute §465.03, that the Maplewood City Council approves, receives and accepts the gift aforementioned and under such terms and conditions as may be requested or required. Adopted by the Maplewood City Council on April 10, 2023. ________________________________ Marylee Abrams, Mayor Attest: ________________________________ Andrea Sindt, City Clerk Council Packet Page Number 67 of 86 G8, Attachment 2 Council Packet Page Number 68 of 86 G9 CITY COUNCILSTAFF REPORT Meeting Date April 10, 2023 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Steven Love, Director of Public Works / City Engineer Jon Jarosch, Assistant City Engineer PRESENTER:StevenLove AGENDA ITEM: Resolution Directing Final Payment and Acceptance of Project, County Road B and Arcade Street Improvements, City Project 19-22 Action Requested: MotionDiscussion Public Hearing Form of Action: Resolution Ordinance Contract/Agreement Proclamation Policy Issue: The contractor, Valley Paving, Inc. has completed the project improvements for the County Road B and Arcade Street Improvements, City Project 19-22. City staff have reviewed the work and deemed it acceptable. The contractor has submitted all final project documents required for final acceptance of the project. City Council direction for staff to process final payment and to accept the project is done by resolution. Recommended Action: Motion to approve the attached resolution Directing Final Payment and Acceptance of Project for the County Road B and Arcade Street Improvements, City Project 19-22. Fiscal Impact: Is There a Fiscal Impact?NoYes, the true or estimated cost is $3,764,737.14 Financing source(s):Adopted BudgetBudget ModificationNew Revenue Source Use of Reserves Other: The final contract amount, including indirect costs, falls within the approved budget of $5,048,900. No adjustments to the approved budget are needed. Strategic Plan Relevance: Community InclusivenessFinancial & Asset MgmtEnvironmental Stewardship Integrated CommunicationOperational EffectivenessTargeted Redevelopment This infrastructure improvement project was previously identified in the City’s Capital Improvement Plan and included the full reconstruction of County Road B and Arcade Street. Council Packet Page Number 69 of 86 G9 Background The City Council previously awarded a construction contract to Valley Paving, Inc. for the County Road B and Arcade Street Improvements, City Project 19-22, in the amount of $4,056,778.60. The project improvements included full reconstruction of the project streets, the replacement of the water main system, repairs to the sanitary sewer system, upgrades and expansions of the storm sewer system, and the installation of sidewalks or trails along project streets. The contractor, Valley Paving, Inc., has completed the project improvements and the remaining punch-list items. The final construction cost of $3,764,737.14 came in under the original contract amount by approximately $292,000. No changes to the approved budget are recommended at this time. Attachments 1. Final Payment Application 2. Project Location Map 3. Resolution Directing Final Payment and Acceptance of Project, County Road B and Arcade Street Improvements, City Project 19-22 Council Packet Page Number 70 of 86 G9, Attachment 1 Ebuf;!!230803133 25'!Gjobm DPOUSBDUPS(T!QBZ!SFRVFTU Qbz!Sfrvftu!Op/! Dpvouz!Spbe!C!boe!Bsdbef!Tusffu Djuz!pg!Nbqmfxppe-!NOGps!Qfsjpe!Foejoh;230803133 CNJ!Qspkfdu!Op/!O26/22:485 Council Packet Page Number 71 of 86 G9, Attachment 1 Council Packet Page Number 72 of 86 G9, Attachment 1 Council Packet Page Number 73 of 86 G9, Attachment 1 Council Packet Page Number 74 of 86 G9, Attachment 2 Council Packet Page Number 75 of 86 G9, Attachment 3 RESOLUTION DIRECTING FINAL PAYMENT AND ACCEPTANCE OF PROJECT COUNTY ROAD B AND ARCADE STREET IMPROVEMENTS, CITY PROJECT 19-22 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered the County Road B and Arcade Street Improvements, City Project 19-22, and has let a construction contract, and WHEREAS, the City Engineer for the City of Maplewood has determined that the County Road B and Arcade Street Improvements, City Project 19-22, is complete and recommends acceptance of the project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, Minnesota, that City Project 19-22 is complete and maintenance of the improvements are accepted by the City; the final construction cost is $3,764,737.14. Final payment to Valley Paving, Inc. and the release of any retainage or escrow is hereby authorized. th Adopted by the Maplewood City Council on this 10 day of April 2023. Council Packet Page Number 76 of 86 J1 CITY COUNCIL STAFF REPORT Meeting Date April 10, 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 Intoxicating Liquor and Sunday Sales License for Groceries and Nepali Kitchen Inc. dba Groceries and Nepali Kitchen, 1700 Rice Street Suites J & K 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 Tilak Pokwal for an On-Sale Intoxicating Liquor and Sunday Sales License to be used at Groceries and Nepali Kitchen Inc. dba Groceries and Nepali Kitchen, location of 1700 Rice Street Suites J & K. Recommended Action: Motion to approve the On-Sale Intoxicating Liquor and Sunday Sales License for Groceries and Nepali Kitchen Inc. dba Groceries and Nepali Kitchen, location of 1700 Rice Street Suites J & K. Fiscal Impact: Is There a Fiscal Impact?NoYes, the true or estimated cost is $0.00 Financing source(s):Adopted BudgetBudget ModificationNew Revenue Source Use of Reserves Other: 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: Groceries and Nepali Kitchen Inc. previously held an On-Sale Wine License with the City of Maplewood from July 2018 to December 2021. The establishment did not renew for 2022 due to Covid-19 circumstances and is now ready to resume liquor service, and is applying this year for an On-Sale Intoxicating Liquor and Sunday Sales License. Council Packet Page Number 77 of 86 J1 For the purposes of the license application, a background investigation was conducted on owners Tilak Pokwal and Parmananda Khatiwoda. Mr. Pokwal has also met 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. Attachments: None Council Packet Page Number 78 of 86 J2 CITY COUNCILSTAFF REPORT Meeting Date April 10, 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 Intoxicating Liquorand Sunday Sales License for Mr Taco of Maplewood Inc, dba Mr Taco, 2645 White Bear Avenue, Suite 3 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 Armando Ocampo for an On-Sale Intoxicating Liquor and Sunday Sales License to be used at Mr Taco of Maplewood Inc., dba Mr Taco, located at 2645 White Bear Avenue, Suite 3 Recommended Action: Motion to approve the On-Sale Intoxicating Liquor and Sunday Sales License for Mr Taco of Maplewood Inc., dba Mr Taco, located at 2645 White Bear Avenue, Suite 3. 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: For the purposes of the license application, a background investigation was conducted on owners Armando Ocampo and Julian Ocampo. A representative from the police department will be meeting with the owners to discuss the measures to eliminate the sale of alcohol to underage persons, general security and the city ordinances pertaining to the service of alcohol. Attachments: None Council Packet Page Number 79 of 86 J3 CITY COUNCILSTAFF REPORT Meeting Date April 10, 2023 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Steven Love, Public Works Director / City Engineer Jon Jarosch, Assistant City Engineer PRESENTER:Steven Love AGENDA ITEM: MnDOT Community Roadside Landscaping Partnership Program Action Requested: MotionDiscussion Public Hearing Form of Action: Resolution OrdinanceContract/Agreement Proclamation Policy Issue: The Viking Drive / Payne Avenue neighborhood is requesting, through a petition, that the City of Maplewood help provide landscaping in MnDOT’s right-of-way along Highway 36 to help make it more aesthetically pleasing and reduce/eliminate noise and air pollution. MnDOT has an assistance program that helps residents and cities with these type of requests. If the City moves forward with applying to take part in MnDOT’s Community Roadside Landscape Partnership Program a commitment to the use of City staff and resources will be needed. Recommended Action: Staff is looking for direction for applying to take part in MnDOT’s Community Roadside Landscape Partnership Program for landscaping along Highway 36. Fiscal Impact: Is There a Fiscal Impact?NoYes, the true or estimated cost is $10,000 (estimated material costs), staff time, and City resources. Financing source(s):Adopted BudgetBudget ModificationNew Revenue Source Use of Reserves Other: If the City proceeds with taking part in MnDOT’s Community Roadside Landscape Partnership, there would be an initial cost of approximately $10,000 in planting materials that MnDOT would reimburse the City for. Additionally, there would be a commitment for the use of staff time and City resources for future watering and maintenance (estimated at $20,000). Funding for the $10,000 in planting material would be done through Public Works operations budget. Strategic Plan Relevance: Community InclusivenessFinancial & Asset MgmtEnvironmental Stewardship Integrated CommunicationOperational EffectivenessTargeted Redevelopment MnDOT’s Community Roadside Landscaping Partnership Program is designed to help communities provide roadside beautification within state highway right-of-ways. Council Packet Page Number 80 of 86 J3 Background: On October 3, 2022, residents from the Viking Drive / Payne Avenue neighborhood provided the City with a petition for the beautification of the roadside of east bound Highway 36 from Edgerton Street to Arcade Street Bridge. The goal of the petition is to make it more aesthetically pleasing, reduce/eliminate noise and air pollutions, and bring the community together. A total of 29 people, representing 17 properties signed the petition. This petition was the first step for the City to consider applying for MnDOT’s Community Roadside Landscape Partnership Program. The Community Roadside Landscaping Partnership Program is designed to provide technical and financial assistance to communities that are interested in landscaping state highway rights-of-ways. The program allows communities to apply to be part of the program. As part of this program, MnDOT can help design the landscaping plan and provide funding up to $10,000 in materials per year (this is a reimbursement program, not a grant). Any additional costs for materials above the $10,000 would be the community’s responsibility. The community is also responsible for providing labor, watering, and maintenance for establishment. Typically, the labor includes a combination of residents and City staff, or hiring a contractor to do the planting. MnDOT originally recommended that it would be best to have roughly 25 people or more to help with the planting. MnDOT has developed a concept plan and a cost estimate for what type of plantings could take place in this location (see attached). The estimated material costs is $9,980.45 and the City would be responsible for purchasing the materials. MnDOT would later reimburse Maplewood for the material costs. The planting area lies between Highway 36 and Viking Drive (see attached concept plan). There is a chain link fence just north of Viking Drive that separates the neighborhood from Highway 36. Due to the limited planting space and how close Highway 36 is to Viking Drive, MnDOT told the City that residents would not be allowed to take part in the planting and maintenance for safety reasons. All planting and maintenance work would need to be done by City staff or a contractor. If we utilized our Public Works staff to do the plantings, we estimate that it would take about 2-3 days to complete the planting. Additionally, staff would need to provide water and maintenance until the plantings are established. Estimated cost in staff time is approximately $20,000. There is an application process in order to take part in this program. Part of the application requires a statement on public participation and coordination with other programs. Prior to starting any public engagement about the concept plan and submitting and application, staff is looking for input from the City Council on participating in this program. This is not a current CIP project and does involve both a commitment of staff time and resources for planting and future maintenance. Attachments: 1.MnDOT Concept Plan 2.MnDOT Cost Estimate Council Packet Page Number 81 of 86 J3, Attachment 1 AM 9:20:30 11/22/2022 n g CP.d _ LA6212969D Council Packet Page Number 82 of 86 J3, Attachment 1 AM 9:22:29 11/22/2022 n g CP.d _ LA6212969D Council Packet Page Number 83 of 86 J3, Attachment 1 AM 10:05:41 11/22/2022 n g CP.d _ LA6212969D Council Packet Page Number 84 of 86 J3, Attachment 1 AM 10:07:29 11/22/2022 n g CP.d _ LA6212969D Council Packet Page Number 85 of 86 J3, Attachment 2 Items $9,980.45 $1,285.22$1,285.22 Individual $7,410.00 Partnership of Costs ItemTotal Planting of $35.00$35.00 Total Partnership Individual Subtotal 969D 3737 66 6212 ESTIMATED S.P. 0 YDYD EACH36$185.00$6,660.00EACH30$25.00$750.00 CUCU UNITS THICK THICK INCHES INCHES 4 4 3890 3882 SPEC. SPEC. Quantities ESTIMATES MnDOT MnDOT FOR 2 6 TYPE GRADE SIZE Estimated MATERIALS & of PLANT NON CATEGORY Statement ROOT CONT CONT HT HT 2' 4' (PARTNERSHIP) TREE SHRUB (PARTNERSHIP) MATERIAL CONIFEROUSDECIDUOUSCOMPOSTMULCH No. 2571.5022571.502 ITEM Council Packet Page Number 86 of 86