The URL can be used to link to this page

Home My WebLink About2023-04-24 City Council Meeting Packet AGENDA MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, April 24, 2023 City Hall, Council Chambers Meeting No. 08-23 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 Meeting Minutes 2. April 10, 2023 City Council Meeting Minutes F. APPOINTMENTS AND PRESENTATIONS 1. Administrative Presentations a. Council Calendar Update 2. Council Presentations 3. Review of the 2023 Community Survey 4. Resolution for Commissioner Reappointments 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. Resolutions Supporting Applications for Environmental Cleanup Grants, 1910 County Road C East 3. Conditional Use Permit Review, White Bear Meadery, 1320 County Road D Circle East 4. Off-Sale Intoxicating Liquor License for MKXB, LLC, dba Rice St Liquors, 1700 Rice Street Unit P 5. Purchase of Professional Services for Maplewood Police Department Garage Floor Sealing, City Project 23-06 6. Collective Bargaining Agreement with LELS Local 153 Police Officers (2023-2025) 7. Payment for Axon Yearly Maintenance Support & Evidence.com Subscription 8. Purchase of Police Department Security Enhancements 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 None 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 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 1 of 178 E1 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 reported he connected with Joe in Communications and there should be no impact to the costs of the Living to add some business highlights. 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 2 of 178 E1 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 3 of 178 E1 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 subject to 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, representatives of 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 4 of 178 E1 3.Conditional Use Permit Review, McCarrons Water Treatment Plant, 1900 Rice Street North annmoved to approve the CUP review for McCarrons Water 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 5 of 178 E1 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 6 of 178 E1 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 7 of 178 E1 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 8 of 178 E1 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 9 of 178 E1 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 officeof 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 10 of 178 E1 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 Councilmember JuenemannAyes – All The motion passed. March 27, 2023 City Council Meeting Minutes 11 Council Packet Page Number 11 of 178 E1 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 PREPARATION OF 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 copyof 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 12 of 178 E2 MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, April 10, 2023 City Hall, Council Chambers Meeting No. 07-23 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 welcomed everyone to a beautiful spring evening and highlighted the Easter egg hunt and upcoming clean-up event. 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 Details Menards Report from Regional Council of Mayors CouncilmemberLeemoved to approve the agenda as amended. Seconded by CouncilmemberJuenemann Ayes – All The motion passed. E.APPROVAL OF MINUTES 1.March 27, 2023 City CouncilWorkshop Meeting Minutes CouncilmemberCavemoved to approve the March 27, 2023 City Council Workshop Meeting Minutes assubmitted. Seconded by Councilmember Juenemann Ayes – All The motion passed. 2.March 27, 2023 City Council Meeting Minutes April 10, 2023 City Council Meeting Minutes 1 Council Packet Page Number 13 of 178 E2 Mayor Abrams asked for the Business Section of Maplewood Living Update wording be corrected. Additionally, Mayor Abrams suggested the implementation of a Business Section of the Maplewood Living will require setting perimeters to ensure fairness and inclusivity and asked Councilmember Lee to speak with Communications Manager Sheeran about those perimeters. ann moved to tablethe March27, 2023 City Council MeetingMinutes CouncilmemberJuenem pending amendments. Seconded by Mayor Abrams Ayes – All The motion passed. 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 Details Councilmember Juenemann gave a final reminder the City Clean-Up will take place Saturday, April22, Earth Day, and gave detailsof what will beaccepted. Menards Councilmember Villavicencio reported on attending the Menards grand opening with other staff. Report from Regional Mayors Mayor Abrams reported on attending the Regional Council of Mayors meetingwhere the topic was crime, and as a Violence Reduction Leadership Groupmember provided updates on their work regarding juvenile offenders. 3.Ramsey County Organics Recycling Pilot Project Presentation Mayor Abrams introduced the item. Ramsey County Commissioner Victoria Reinhardt gave background and information, andMichaelReed, Environmental Health Division Manager, gave additional information. Andrea McKennan, Communications & Outreach Manager for Ramsey/Washington Recycling and Energy, gave the presentation and answered questions of council. No action required 4.Final Report from Purple Line Engagement Process City Manager Coleman gave the staff report. April 10, 2023 City Council Meeting Minutes 2 Council Packet Page Number 14 of 178 E2 Councilmember Cavemoved toapprove the final report and advisory committee recommendation. Seconded by Councilmember JuenemannAyes – All The motion passed. G.CONSENT AGENDA – Items on the Consent Agenda are considered routine and non- controversial and are approved by one motion of the council. If a councilmember requests additional information or wants to make a comment regarding an item, the vote should be held until the questions or comments are made then the single vote should be taken. If a councilmember objects to an item it should be removed and acted upon as a separate item. Agenda items G2 & G8 were highlighted. CouncilmemberCavemoved toapprove agenda items G1-G9. Seconded by CouncilmemberLeeAyes – All The motion passed. 1.Approval of Claims vemoved to approve the approval of claims. CouncilmemberCa ACCOUNTS PAYABLE: $ 573,677.05Checks # 110630 thru # 110642 dated 3/28/23 $ 274,251.43Checks # 110643 thru # 110668 dated 4/04/23 $ 953,764.49Disbursements via debits to checking account dated 03/20/23 thru 04/02/23 $ 1,801,692.97Total Accounts Payable PAYROLL $ 982,515.01Payroll Checks and Direct Deposits dated 3/31/23 $ 982,515.01Total Payroll $ 2,784,207.98GRAND TOTAL Seconded by CouncilmemberLeeAyes – All The motion passed. 2.Resolution Proclaiming Arbor Day 2023 April 10, 2023 City Council Meeting Minutes 3 Council Packet Page Number 15 of 178 E2 CouncilmemberCavemoved to approve the resolution proclaiming Arbor Day 2023. Resolution 23-04-2198 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. Seconded by CouncilmemberLeeAyes – All The motion passed. 3.Collective Bargaining Agreement with LELS Local 173 Police Sergeants (2023 – 2025) vemoved to approve the 2023-2025 Collective Bargaining Agreement CouncilmemberCa 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. Seconded by CouncilmemberLeeAyes – All The motion passed. 4.Local Lawful Gambling Permit for Associated General Contractors of MN, Keller Golf Course, 2166 Maplewood Drive CouncilmemberCavemoved to approve the Local Lawful Gambling permit for Associated General Contractors of MN for their event onAugust 4, 2023 at Keller Golf Course, 2166 Maplewood Drive. Seconded by CouncilmemberLee Ayes – All The motion passed. 5.Local Lawful Gambling Permit for St Paul’s Monastery, 2675 Benet Road April 10, 2023 City Council Meeting Minutes 4 Council Packet Page Number 16 of 178 E2 CouncilmemberCavemoved to approve the Local Lawful Gambling permit for St Paul’s Monastery, 2675 Benet Road, for their event on June 24, 2023. Seconded by CouncilmemberLeeAyes – All The motion passed. 6.Resolution for a Lawful Gambling Premises Permit for Roseville Area Youth Hockey Association at McCarron’s Pub and Grill, 1986 Rice Street CouncilmemberCavemoved to approve theresolution 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. Resolution 23-04-2199 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. Seconded by CouncilmemberLeeAyes – All The motion passed. 7.Purchase Firefighter Personal Protective Equipment (PPE) CouncilmemberCavemoved to approve the purchase of Firefighter Personal Protective Equipment (PPE). Seconded by CouncilmemberLeeAyes – All The motion passed. April 10, 2023 City Council Meeting Minutes 5 Council Packet Page Number 17 of 178 E2 8.Resolution Accepting Donation to the Maplewood Police Department Honor Guard from the Family of Retired Maplewood Police Officer Jim Meehan vemoved to approve the resolution accepting the donation from the family CouncilmemberCa of retired Maplewood Police Officer Jim Meehan. Resolution 23-04-2200 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. Seconded by CouncilmemberLeeAyes – All The motion passed. 9.Resolution Directing Final Payment and Acceptance of Project, County Road B and Arcade Street Improvements, City Project 19-22 CouncilmemberCavemoved to approvetheresolution Directing Final Payment and Acceptance of Project for the County Road B and Arcade Street Improvements, City Project 19-22. Resolution 23-04-2201 DIRECTING FINAL PAYMENT AND ACCEPTANCE OF PROJECTCOUNTY 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 April 10, 2023 City Council Meeting Minutes 6 Council Packet Page Number 18 of 178 E2 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. Seconded by CouncilmemberLee 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.On-Sale Intoxicating Liquor and Sunday Sales License for Groceries and Nepali Kitchen Inc. dba Groceries and Nepali Kitchen, 1700 Rice Street Suite K Deputy City Clerk Evansgave the staff report. Tilak Pokwal, Owner of Groceries and Nepali Kitchen Inc., addressed the council. Councilmember Leemoved 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 Suite K. Seconded by CouncilmemberJuenemann Ayes – All The motion passed. 2.On-Sale Intoxicating Liquor and Sunday Sales License for Mr Taco of Maplewood Inc., dba Mr Taco, 2645 White Bear Avenue, Suite 3 Deputy City Clerk Evansgave the staff report. Armando Ocampo and Julian Ocampo, Owners of Mr Taco of Maplewood Inc.,addressed the council. CouncilmemberVillavicenciomoved to approve the On-Sale Intoxicating Liquor and Sunday Sales License for Mr Taco of Maplewood Inc., dba Mr Taco, located at 2645White Bear Avenue, Suite 3. Seconded by Councilmember Cave Ayes – All April 10, 2023 City Council Meeting Minutes 7 Council Packet Page Number 19 of 178 E2 The motion passed. 3 MNDOT Community Roadside Landscaping Partnership Program Public Works Director Love gave the staff report and answered questions of the council. Mayor Abrams and City Manager Coleman gave additional information. Council discussed the item and gave direction to staff. No Action Required. K.AWARD OF BIDS None L.ADJOURNMENT Mayor Abramsadjourned the meeting at8:21 p.m. April 10, 2023 City Council Meeting Minutes 8 Council Packet Page Number 20 of 178 F1a CITY COUNCIL STAFF REPORT Meeting Date April 24, 2023 REPORT TO: City Council REPORT FROM: Melinda Coleman, City Manager PRESENTER: Melinda Coleman, City Manager AGENDA ITEM: Council Calendar Update Action Requested: MotionDiscussion Public Hearing Form of Action: Resolution Ordinance Contract/AgreementProclamation 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: TBD: EDA Meeting: Discussion of TIF Plan and Development Agreement for Enclave/Myth Project May 18 (all day) City Council / Staff Retreat May 22: Workshop: Draft Snow Removal Policy June 12: Council Meeting: MnDOT Update on Highway 36 Improvements 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: IssueContributor Due Date 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 21 of 178 F1a 2023 Major Community Outreach Events Fire Department Bike Rodeo ǒĻƭķğǤͲ ağǤ ВͲ ЋЉЋЌ ΛЎ Α Б ƦƒΜ North Fire Station Cop on a Rooftop (Special Olympics Fundraiser) CƩźķğǤͲ ağǤ ЊВͲ ЋЉЋЌ ΛЏ Α В ğƒΜ 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 (6Î7:30 pm) YMCA Parking lot th Light it Up Maplewood (4 of July event) ǒĻƭķğǤͲ WǒƌǤ ЍͲ ЋЉЋЌ ΛЍ Α ЊЊ ƦƒΜ Hazelwood Park July Celebrate Summer Wednesday, July 26, 2023 (6Î7:30 pm) Afton Heights Park National Night Out ǒĻƭķğǤ !ǒŭǒƭƷ ЊͲ ЋЉЋЌ ΛЎ Α В ƦƒΜ City Wide Event Council Packet Page Number 22 of 178 F3 CITY COUNCIL STAFF REPORT Meeting Date April 24, 2023 REPORT TO: Melinda Coleman REPORT FROM: Joe Sheeran, Communications Manager PRESENTER: Joe Sheeran, Communications Manager AGENDA ITEM: Review of the 2023 Community Survey Action Requested: Motion Discussion Public Hearing Form of Action: Resolution Ordinance Contract/Agreement Proclamation Policy Issue: On the CityÓs behalf, the National Research Center administered the National Community Survey of Maplewood residents between January and March 2023. The City received the results in early April. Recommended Action: For discussion only. 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 Through the survey, information is gathered that helps to guide our strategic plan and to help us measure resident satisfaction with the services provided by the City. Background: On the CityÓs behalf, the National Research Center administered the National Community Survey of Maplewood residents between January and March 2023. This wide-ranging questionnaire asked more than 100 questions about quality of life, infrastructure, public safety, parks and recreations, and other topics. The survey was mailed to a random sampling of residents, yielding 414 responses, which have been weighted to ensure a margin of error of +/- 5%. Since 2018, this survey has been generally conducted every 24 - 30 months. It features standardized questions for relevant year-to-year comparisons and national benchmarking. In addition to the standardized questions, the 2023 survey featured custom questions about transit use and needs. Council Packet Page Number 23 of 178 F3 Attachments: 1. Presentation of Survey Results 2023 2. NRCS Report Council Packet Page Number 24 of 178 F3, Attachment 1 Winter 2023 Community Survey Results Council Packet Page Number 25 of 178 F3, Attachment 1 rd ÏMarch 3 th Jan 9414 respondents 15% response rate 5% margin of errorOnly 11% BIPOC ¤¤¤¤¤ Council Packet Page Number 26 of 178 F3, Attachment 1 Key Measures Quality of LifeFeeling of SafetyEconomic OpportunityParks, Natural ResourcesTransit ¤¤¤¤¤ Council Packet Page Number 27 of 178 F3, Attachment 1 National range: at least 75% Mostly below national benchmark - As a place to liveOverall image/reputationStay in community ¤¤¤ Down from 2020 (75%) ¤ 64% Overall Quality of Life Council Packet Page Number 28 of 178 F3, Attachment 1 Overall 43%Poor12% --2020 % (2020) ЌБі ΑЍБі 38% 55 Confidence in Government Value of service for taxes Generally in line with national benchmark ¤ ¤ Council Packet Page Number 29 of 178 F3, Attachment 1 45 55 Development 49 62 44-54%40-50% ShoppingEconomic 33 38 >44% Area 47 57 EconomyCommercial >58% 2023 2020 Economic Health Benchmark Council Packet Page Number 30 of 178 F3, Attachment 1 Council Packet Page Number 31 of 178 F3, Attachment 1 Council Packet Page Number 32 of 178 F3, Attachment 1 alone White Business services by demographics Council Packet Page Number 33 of 178 F3, Attachment 1 DevelopmentNeighborhooddesignHousingaffordability/options ¤¤¤ Similartrends: Demographic Breakdown Council Packet Page Number 34 of 178 F3, Attachment 1 70 2023 Similar 75 2020 Feeling of Safety 60 >71% 80 85 80-90% 91 49 OverallNeighborhoodViolent CrimePolice Services 64 >60% Council Packet Page Number 35 of 178 F3, Attachment 1 Not adding up Council Packet Page Number 36 of 178 F3, Attachment 1 ) down from 48% ( Internal numbers 70%Survey says 28% ¤¤ aƚƩĻ ŭƚźƓŭ ƚƓͶ Pavement quality Council Packet Page Number 37 of 178 F3, Attachment 1 ЋЉЋЉ ΑБЉіЋЉЋЌ ΑЏВі -Excellent down from 27-Fair up from 18-Good about the same ΏΏaƚƭƷ ƭźƒźƌğƩ Ʒƚ ƓğƷźƚƓğƌ ĬĻƓĭŷƒğƩƉ ЏЍі ΑАЍі Quality of Natural Environment Council Packet Page Number 38 of 178 F3, Attachment 1 Parks and Recreation Council Packet Page Number 39 of 178 F3, Attachment 1 47 60 Backgrounds 69 Attracting Diverse 41 50 Welcome 64 37 49 56 NW 19 31 52 Community Connections/Inclusivity 27 37 48 Sence of CommunityCivic PrideNeighborlinessAll Residents Council Packet Page Number 40 of 178 F3, Attachment 1 3% Bike 11% walk 50% Drive alone 1% use the bus/transit Only 22% would be likely to use transit, if expanded bƚƓƩĻĭƩĻğƷźƚƓğƌ ĭƚƒƒǒƷźƓŭ Council Packet Page Number 41 of 178 F3, Attachment Maplewood, MN Council Packet Page Number 42 of 178 F3, Attachment 2 Council Packet Page Number 43 of 178 F3, Attachment 2 Council Packet Page Number 44 of 178 F3, Attachment 2 Council Packet Page Number 45 of 178 F3, Attachment 2 Council Packet Page Number 46 of 178 F3, Attachment 2 Council Packet Page Number 47 of 178 F3, Attachment 2 Council Packet Page Number 48 of 178 F3, Attachment 2 Council Packet Page Number 49 of 178 F3, Attachment 2 Council Packet Page Number 50 of 178 F3, Attachment 2 Council Packet Page Number 51 of 178 F3, Attachment 2 Council Packet Page Number 52 of 178 F3, Attachment 2 Council Packet Page Number 53 of 178 F3, Attachment 2 Council Packet Page Number 54 of 178 F3, Attachment 2 Council Packet Page Number 55 of 178 F3, Attachment 2 Council Packet Page Number 56 of 178 F3, Attachment 2 Council Packet Page Number 57 of 178 F3, Attachment 2 Council Packet Page Number 58 of 178 F3, Attachment 2 Council Packet Page Number 59 of 178 F3, Attachment 2 Council Packet Page Number 60 of 178 F3, Attachment 2 Council Packet Page Number 61 of 178 F3, Attachment 2 Council Packet Page Number 62 of 178 F3, Attachment 2 Council Packet Page Number 63 of 178 F3, Attachment 2 Council Packet Page Number 64 of 178 F3, Attachment 2 Council Packet Page Number 65 of 178 F3, Attachment 2 Council Packet Page Number 66 of 178 F3, Attachment 2 Council Packet Page Number 67 of 178 F3, Attachment 2 Council Packet Page Number 68 of 178 F3, Attachment 2 Council Packet Page Number 69 of 178 F3, Attachment 2 Council Packet Page Number 70 of 178 F3, Attachment 2 Council Packet Page Number 71 of 178 F3, Attachment 2 Council Packet Page Number 72 of 178 F3, Attachment 2 Council Packet Page Number 73 of 178 F3, Attachment 2 Council Packet Page Number 74 of 178 F3, Attachment 2 Council Packet Page Number 75 of 178 F3, Attachment 2 Council Packet Page Number 76 of 178 F3, Attachment 2 Council Packet Page Number 77 of 178 F3, Attachment 2 Council Packet Page Number 78 of 178 F3, Attachment 2 Council Packet Page Number 79 of 178 F3, Attachment 2 Council Packet Page Number 80 of 178 F3, Attachment 2 Council Packet Page Number 81 of 178 F3, Attachment 2 Council Packet Page Number 82 of 178 F3, Attachment 2 Council Packet Page Number 83 of 178 F3, Attachment 2 Council Packet Page Number 84 of 178 F3, Attachment 2 Council Packet Page Number 85 of 178 F3, Attachment 2 Council Packet Page Number 86 of 178 F4 CITY COUNCIL STAFF REPORT Meeting Date April 24, 2023 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Lois Knutson, Administrative Services & Performance Measurement Coordinator PRESENTER: Melinda Coleman, City Manager AGENDA ITEM: Resolution for Commissioner Reappointments Action Requested: MotionDiscussion Public Hearing Form of Action: Resolution Ordinance Contract/AgreementProclamation Policy Issue: The City Council will review the list of commissioners whose terms will expire on April 30, 2023, in addition to one whose term expired on December 31, 2022. The commissioners were asked to fill out an assessment to evaluate their time on the commission and to provide input to the council. Those commissioners approved for reappointment will serve another term, with the new term expiring three years from the current termÓs expiration date. Recommended Action: Motion to approve the attached resolution for Commissioner reappointments. 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 The CityÓs Commissions and Boards provide an opportunity for citizens to become involved in City government and play a part in the decision making process. Background There are four commissioners whose terms will expire on April 30, 2023 and one commissioner whose term expired on December 31, 2022. All five commissioners are seeking reappointment. Council Packet Page Number 87 of 178 F4 Below are their attendance records. Community Design Review Board Tom Oszman, member since 10/11/2021 Attendance: 2022: 6/7 Parks & Recreation Commission Craig Brannon, member since 1/1/1997 Attendance: 2020: 5/6 2021: 6/6 2022: 5/7 2023: 2/2 Vickie Lee-Her, member since 4/26/2021 Attendance: 2021: 4/4 2022: 6/7 2023: 2/2 Terri Mallet, member since 2/11/2013 Attendance: 2020: 5/6 2021: 6/6 2022: 6/7 2023: 2/2 Planning Commission Tushar Desai, member since 11//14/2016 Attendance: 2020: 9/9 2021: 9/10 2022: 4/8 2023: 1/1 Attachments 1.Resolution for Reappointment 2.Reappointment Assessments Council Packet Page Number 88 of 178 F4, Attachment 1 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 reappointed to the following commission: Community Design Review Board Tom Oszman, term expires 4/30/2026 Parks & Recreation Commission Craig Brannon, term expires 4/30/2026 Vickie Lee-Her, term expires 4/30/2026 Terri Mallet, term expires 4/30/2026 Planning Commission Tushar Desai, term expires 12/31/2025 Council Packet Page Number 89 of 178 F4, Attachment 2 Council Packet Page Number 90 of 178 F4, Attachment 2 Council Packet Page Number 91 of 178 F4, Attachment 2 Council Packet Page Number 92 of 178 F4, Attachment 2 Council Packet Page Number 93 of 178 F4, Attachment 2 Council Packet Page Number 94 of 178 G1 Council Packet Page Number 95 of 178 G1, Attachments Council Packet Page Number 96 of 178 G1, Attachments Council Packet Page Number 97 of 178 G1, Attachments Council Packet Page Number 98 of 178 G1, Attachments Council Packet Page Number 99 of 178 G1, Attachments Council Packet Page Number 100 of 178 G1, Attachments Council Packet Page Number 101 of 178 G1, Attachments Council Packet Page Number 102 of 178 G1, Attachments Council Packet Page Number 103 of 178 G1, Attachments Council Packet Page Number 104 of 178 G1, Attachments Council Packet Page Number 105 of 178 G1, Attachments Council Packet Page Number 106 of 178 G1, Attachments Council Packet Page Number 107 of 178 G1, Attachments Council Packet Page Number 108 of 178 G1, Attachments Council Packet Page Number 109 of 178 G1, Attachments Council Packet Page Number 110 of 178 G1, Attachments Council Packet Page Number 111 of 178 G1, Attachments Council Packet Page Number 112 of 178 G2 CITY COUNCILSTAFF REPORT Meeting Date April 24, 2023 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Michael Martin, AICP, Assistant Community Development Director PRESENTER: Danette Parr, Community Development Director AGENDA ITEM: Resolutions Supporting Applications for Environmental Cleanup Grants, 1910 County Road C East Action Requested: MotionDiscussion Public Hearing Form of Action: Resolution OrdinanceContract/Agreement Proclamation Policy Issue: Galahad Development, LLC is seeking City Council approval of resolutions supporting three applications to the State of Minnesota, Metropolitan Council, and Ramsey County for environmental cleanup grants associated with the development of the property located at 1910 County Road C East. On March 13, 2023, the City Council approved Galahad’s 72-unit story assisted living and memory care building which will be built on vacant land. Recommended Action: Motion to approve the resolutions of support for grant applications to Minnesota Department of Employment and Economic Development’s Contamination Cleanup fund, Metropolitan Council’s Tax Base Revitalization Account fund, and Ramsey County’s Environmental Response Fund. Fiscal Impact: Is There a Fiscal Impact?NoYes, the true or estimated cost is $0 Financing source(s):Adopted BudgetBudget ModificationNew Revenue Source Use of Reserves Other: No city funds are being requested or are required as part of the grant applications. Strategic Plan Relevance: Community InclusivenessFinancial & Asset MgmtEnvironmental Stewardship Integrated Communication Operational EffectivenessTargeted Redevelopment The city supports partnering with developers to secure funding from other agencies to bring funds into Maplewood to foster quality development. Background: As part of its due diligence on the property, the developer hired a consultant to complete a geotechnical and environmental review. This work discovered the existence of contaminated fill soils on the site, and the consultant developed a Response Action Plan to clean up the contamination. Council Packet Page Number 113 of 178 G2 As part of developing the Response Action Plan, $1,0004,060 was identified in available grant funding for environmental cleanup and oversight costs. This number includes a required developer match of $154,398. The city is not being asked for nor is required to match any dollars as part of these grant requests. A breakdown of the three grant requests to the partner agencies is listed below: $634,526 from the Minnesota Department of Employment and Economic Development Contamination Cleanup fund for contaminated soil excavation, load, haul, and disposal, import of clean fill replacement, contaminated groundwater management, and associated environmental oversight, testing, and consulting. $137,850 from Metropolitan Council’s Tax Base Revitalization Account fund for contaminated soil excavation, load, haul, disposal, and associated environmental oversight, testing, and consulting. $77,286 from Ramsey County Environmental Response Fund for contaminated soil excavation, load, haul, disposal, and vapor mitigation. Attached to this memo are resolutions that are required to be executed and submitted as part of each grant application. Attachments: 1.Overview Map 2.Letter from Lucas Larson, Galahad Development 3.Resolution supporting an application to the Minnesota Department of Employment and Economic Development’s Contamination Cleanup fund 4.Resolution supporting an application to the Metropolitan Council’s Tax Base Revitalization Account fund 5.Resolution supporting an application to Ramsey County’s Environmental Response Fund Council Packet Page Number 114 of 178 G2, Attachment 1 1910 County Road C East - Overview Map December 7, 2022 City of Maplewood Legend ! I 0475 Feet Source: City of Maplewood, Ramsey County Council Packet Page Number 115 of 178 G2, Attachment 2 Galahad Development, LLC 1161 Wayzata Blvd E #195 Wayzata, MN 55391 April 14, 2023 City of Maplewood MN 1830 County Rd B E Maplewood, MN 55109 Re:– To Whom it May Concern: property located at 1910 County Road C E. Galahad hired Braun Intertec to complete geotechnical and environmental due diligence on the property. Braun . Consequently, Braun developed a to clean upn site. Braun’s associated environmental cleanup and oversight totals approximately $1,004,060 $154,398agencies, a: $634,526from DEED Contamination Cleanup for Contaminated Soil Excavate, Load, Haul, and Dispose, Import of Clean Fill Replacement, Contaminated Groundwater Management, and associated Environmental Oversight, Testing, and Consulting $137,850 from Metropolitan Council’s TBRA for Contaminated Soil Excavate, Load, Haul, and Dispose and associated Environmental Oversight, Testing, and Consulting $77,286 from Ramsey County Environmental Response Fund for Contaminated Soil Excavate, Load, Haul, and Dispose, and Vapor Mitigation on redeveloping this site to provide much-needed quality senior housing for its residents. Sincerely, Lucas Larson Galahad Development, LLC Council Packet Page Number 116 of 178 G2, Attachment 3 RESOLUTION NO.____________ CITY OF MAPLEWOOD, MINNESOTA RESOLUTION IDENTIFYING THE NEED FOR MINNESOTA’S DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT’S CONTAMINATION CLEANUP FUNDING AND AUTHORIZING APPLICATION FOR GRANT FUNDS FOR GALAHAD DEVELOPMENT’S PROJECT AT 1910 COUNTY ROAD C EAST BE IT RESOLVED that the city of Maplewood has approved the Contamination Cleanup grant application submitted to the Department of Employment and Economic Development (DEED) on ______________ (Date), by the City of Maplewood in partnership with Galahad Development, for the 1910 County Road C East site. BE IT FURTHER RESOLVED that the city of Maplewood is located within the seven-county metropolitan area defined in section 473.121, subdivision 2, and is participating in the local housing incentives program under section 473.254. BE IT FURTHER RESOLVED that Galahad Development act as the legal sponsor for the project contained in the Contamination Cleanup Grant Program to be submitted on ____________(Date) and that the Assistant Community Development Director is hereby authorized to apply to the Department of Employment and Economic Development for funding of this project on behalf of Galahad Development. BE IT FURTHER RESOLVED that Galahad Development has the legal authority to apply for financial assistance, and the institutional, managerial, and financial capability to ensure adequate project administration. BE IT FURTHER RESOLVED that the sources and amounts of the local match identified in the application are committed to the project identified. BE IT FURTHER RESOLVED that Galahad Development has not violated any Federal, State or local laws pertaining to fraud, bribery, graft, kickbacks, collusion, conflict of interest or other unlawful or corrupt practice. BE IT FURTHER RESOLVED that upon approval of its application by the state Galahad Development may enter into an agreement with the State of Minnesota for the above-referenced project, and that Galahad Development certifies that it will comply with all applicable laws and regulation as stated in all contract agreements. NOW, THEREFORE BE IT FINALLY RESOLVED that the Mayor and the Clerk are hereby authorized to execute such agreements as are necessary to implement the project on behalf of the applicant. I CERTIFY THAT the above resolution was adopted by the City Council of Maplewood on April 24, 2023. SIGNED: (Authorized Official) WITNESSED: ________________________________ ________________________ Mayor, April 24, 2023 City Clerk, April 24, 2023 Council Packet Page Number 117 of 178 G2, Attachment 4 RESOLUTION NO.____________ CITY OF MAPLEWOOD, MINNESOTA RESOLUTION AUTHORIZING APPLICATION FOR METROPOLITAN COUNCIL’S TAX BASE REVITALIZATION ACCOUNT FUNDS FOR GALAHAD DEVELOPMENT’S PROJECT AT 1910 COUNTY ROAD C EAST WHEREAS the City of Maplewood is a participant in the Livable Communities Act's Local Housing Incentives Account Program for 2023 as determined by the Metropolitan Council, and is therefore eligible to apply for funds under the Tax Base Revitalization Account; and WHEREAS the City has identified a contamination cleanup project within the City that meet the Tax Base Revitalization Account’s purposes and criteria and are consistent with and promote the purposes of the Metropolitan Livable Communities Act and the policies of the Metropolitan Council’s adopted metropolitan development guide; and WHEREAS the City has the institutional, managerial, and financial capability to ensure adequate project and grant administration; and WHEREAS the City certifies that it will comply with all applicable laws and regulations as stated in the contract grant agreements; and WHEREAS the City finds that the required contamination cleanup will not occur through private or other public investment within the reasonably foreseeable future without Tax Base Revitalization Account grant funding; and WHEREAS the City represents that it has undertaken reasonable and good faith efforts to procure funding for the activities for which Livable Communities Act Tax Base Revitalization Account funding is sought but was not able to find or secure from other sources funding that is necessary for cleanup completion and states that this representation is based on the following reasons and supporting facts: 1.Finds that it is in the best interests of the City's development goals and priorities for the proposed project to occur at this particular site and at this particular time. 2.Finds that the project components for which Livable Communities Act Tax Base Revitalization Account funding is sought will not occur solely through private or other public investment within the reasonably foreseeable future. BE IT FURTHER RESOLVED that, the City Council of Maplewood authorizes Galahad Development to submit an application for Metropolitan Council Tax Base Revitalization Account grant funds and, if the City is awarded a Tax Base Revitalization Account grant for this project, the City will be the grantee and agrees to act as legal sponsor to administer and be responsible for grant funds expended for the project contained in the Tax Base Revitalization grant application submitted on May 1, 2023. SIGNED: (Authorized Official) WITNESSED: ________________________________ ________________________ Mayor, April 24, 2023 City Clerk, April 24, 2023 Council Packet Page Number 118 of 178 G2, Attachment 5 RESOLUTION NO. __________ CITY OF MAPLEWOOD, MINNESOTA SUPPORT OF AN ENVIRONMENTAL RESPONSE FUND GRANT APPLICATION FOR GALAHAD DEVELOPMENT’S PROJECT AT 1910 COUNTY ROAD C EAST WHEREAS the City of Maplewood has been supportive of Galahad Development and its plans for a 72-unit story assisted living and memory care project at 1910 County Road C East; therefore, BE IT FURTHER RESOLVED that the Maplewood City Council has approved the Galahad Development project and supports an Environmental Response Fund grant application which is being submitted to Ramsey County by May 1st, 2023, by Galahad Development. SIGNED: (Authorized Official) WITNESSED: ________________________________ ________________________ Mayor, April 24, 2023 City Clerk, April 24, 2023 Council Packet Page Number 119 of 178 G3 CITY COUNCILSTAFF REPORT Meeting Date April 24, 2023 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Elizabeth Hammond, Planner PRESENTER: Danette Parr, Community Development Director AGENDA ITEM: Conditional Use Permit Review, White Bear Meadery, 1320 County Road D Circle East Action Requested: MotionDiscussion Public Hearing Form of Action: Resolution OrdinanceContract/Agreement Proclamation Policy Issue: The conditional use permit (CUP) review for White Bear Meadery, located at 1320 County Road D Circle East, is due for its annual review. Recommended Action: Motion to approve the CUP review for White Bear Meadery, located at 1320 County Road D Circle East, and review again in one year. 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 InclusivenessFinancial & Asset MgmtEnvironmental Stewardship Integrated Communication Operational EffectivenessTargeted Redevelopment City ordinance requires conditional use permits to be reviewed by the council within one year of the date of initial approval unless such review is waived by council decision. At the one-year review, the council may specify an indefinite or specific term for subsequent reviews, not to exceed five years. Background: Timeline/Previous Actions March 8, 2021: The city council approved a conditional use permit for a place of amusement, recreation, or assembly to operate on the property. July 25, 2022: The city council reviewed the conditional use permit, and due to code violations present on the property at the time, the council moved to review the permit again in 60 days. The Council Packet Page Number 120 of 178 G3 violations were related to keeping chickens and goats on the property and several outstanding issues with the open building permit associated with the renovation work occurring to convert the building from a veterinary clinic to a Meadery. September 26, 2022: The city council reviewed the conditional use permit. The violations related to the keeping of chickens and goats had been resolved. The property had two remaining items that needed to be addressed and approved by the Building Official to close out the building permit. The council required the CUP be returned in six months for a subsequent review. Conclusion: The city approved a conditional use permit for a place of amusement, recreation, or assembly on the property. There had been code violations relating to the keeping of goats and chickens on the property, which have been resolved. The goats have been removed, and the owner has obtained licensing approval per city code to keep the chickens on the property. Previously, some items related to an open building permit for the property needed to be addressed. For this reason, the Building Official issued temporary certificates of occupancy on August 8, 2022, and October 3, 2023. Since then, these issues have been resolved, and the permit has been closed out with the city. The property received a full certificate of occupancy on February 6, 2023. The property remains in good standing with the City. Staff recommends reviewing the CUP again in one year. Reference Information Site Description Site Size: 1.77 Acres Surrounding Land Uses North: City of Vadnais Heights South: Commercial Retail East: Highway 61 West: Single Dwelling Residential Planning Existing Land Use: Commercial Existing Zoning: M1, Light Manufacturing Attachments: 1.Overview Map 2.City Council Meeting Minutes Council Packet Page Number 121 of 178 G3, Attachment 1 Council Packet Page Number 122 of 178 G3, Attachment 2 Council Packet Page Number 123 of 178 G3, Attachment 2 Council Packet Page Number 124 of 178 G3, Attachment 2 Council Packet Page Number 125 of 178 G3, Attachment 2 Council Packet Page Number 126 of 178 G4 CITY COUNCIL STAFF REPORT Meeting Date April 24, 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: Off-Sale Intoxicating LiquorLicense for MKXB, LLC, dba Rice St Liquors, 1700 Rice Street Unit P 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 for an Off-Sale Intoxicating Liquor license was submitted by Choua Lee of MKX, LLC, dba Rice St Liquors, which is taking over ownership and operation of Merwin Liquors, located at 1700 Rice Street Unit P. Recommended Action: Motion to approve the Off-Sale Intoxicating Liquor License for MKXB, LLC, dba Rice St Liquors, 1700 Rice Street Unit P. 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 Off-Sale Intoxicating Liquor license, per City Code Sec. 6-165. Background: For the purposes of the license application, a background investigation was conducted on owners Choua Lee and Soua Xiong. 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 127 of 178 G5 CITY COUNCILSTAFF REPORT Meeting Date April 24, 2023 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Steven Love, Public Works Director / City Engineer PRESENTER: Steven Love AGENDA ITEM: Purchase of Professional Services for Maplewood Police Department Garage Floor Sealing, City Project 23-06 Action Requested: MotionDiscussion Public Hearing Form of Action: Resolution OrdinanceContract/Agreement Proclamation Policy Issue: The concrete floor of the Police Department garage has started to degrade due to the impact of winter road salt. The City Council will consider approving the purchase of professional services for the Maplewood Police Department garage floor sealing, City Project 23-06. Recommended Action: Motion to approve the purchase of professional services with Swedebro for the Maplewood Police Department garage floor sealing and direct the City Manager to enter into a contract with Swedebro, in the amount of $57,000.00. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is $57,000. Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: Police Department Funds. Strategic Plan Relevance: Community InclusivenessFinancial & Asset MgmtEnvironmental Stewardship Integrated CommunicationOperational EffectivenessTargeted Redevelopment The sealing of the floor will help preserve the condition of the existing concrete floor and extend its useful life. Background: The Police Department concrete garage floor surface has begun to deteriorate due to the impact of winter road salt from the police vehicles. Sealing of the concrete garage floor will help preserve the condition of the floor, be easier to maintain, and extend the floor’s useful life. City Staff requested quotes for the sealing of the concrete garage floor. Council Packet Page Number 128 of 178 G5 The City received the following quotes for performing the sealing work: Company Proposal Total Cost Swedebro $57,000.00 GFC Industrial $61,466.80 The City has worked with Swedebro for similar professional services in the past. Most recently Swedebro’s sealed the concrete hallways in Police Department. Staff recommends entering into a contract with Swedebro for the sealing of the Police Department garage floor. Attachments: 1.Swedebro’s Contract Council Packet Page Number 129 of 178 G5, Attachment 1 th 1409 159Ave. NE • Ham Lake, MN 55304 Office: 763-434-9237 www.swedebro.com Customer: City of Maplewood Date: 2/17/23 1830 County Road B East Maplewood, MN 55109 RE: PoliceGarage Product Description: Three Coat moisture mitigating epoxy system – Approx. 400 sq. ft. Process Description: Mechanically steel shot blast and/or diamond grind concrete to profile and prepare. Fill cracks, seams, joints and minor defects. Apply urethane cement for moisture mitigation. Install 100% solids epoxy and broadcast 1/4" vinyl flake for accent. Install striping as directed. Seal floor with urethanetop-coat. Sub-Total: $4,350.00 Options: 1.Coat the entire garagearea (approx. 9,200sq. ft.combined) utilizing the same system. Add: $52,650.00 Pricing is based on the Cooperative Purchasing Connection and the Metro ECSU Service Cooperative ***See next page for additional information/requirements*** Cement, acid, and stain colors cannot be precise; Total Price$ therefore,finished color and texture will vary from any color charts or samples shown. All existing 55% Deposit for MaterialsRequired expansion joints may be re-cut; cracks in base substrata may reoccur. BALANCE DUE $ Bids and prices are valid for 30 days Contract subject to terms/conditions listed. Unpaid balances after 60 days of completion may be sent to collections. Unpaidbalances are assessed a 1.5% (18% APR) finance charge per month after 30 days. A mechanic’s lien may be filed on any unpaid balances after 60 days. Buyer’s Signature Date Council Packet Page Number 130 of 178 G5, Attachment 1 Project Specifics: Project is bid for standard wage rates Project is bid for standard working hours Project is bid for one phase – 4-5 working days Additional phases will require remobilization charges not less than $1,500.00 Foot traffic can resume 24 hours after final coat is installed Heavy/wheeled traffic can resume 72 hours after final coat is installed Bid does not include any leveling or filling Work Site Needs: (Provided by means of the client) Items that need to be removed prior to our arrival Existing floor coverings Adhesives scraped to substrate Floor levelers All items from the workspace Floor to be broom swept Additional onsite requirements Dumpster for disposal of project debris Overhead lighting – sufficient to perform work Temperature controlled environment Electrical access – minimum of three 20-amp outlets on separate breakers within 150 feet of the workspace…if sufficient power is not available and a generator is needed additional charges will apply Access codes/keys, etc. Council Packet Page Number 131 of 178 G5, Attachment 1 THIS CONTRACT SUBJECT TO THE TERMS AND CONDITIONS LISTED BELOW 1.The terms set forth in this agreement are intended as the complete and exclusive statement of the contract and may not be contradicted by evidence of any prior agreement or of a contemporaneous oral agreement. Only a memorandum signed by both parties and their authorized agent may amend this contract. Any changes to this contract may subject Buyer to additional charges. 2.Seller will complete work as expediently as possible once started and begin work within terms agreed to. Seller is not responsible for delays beyond his control. 3.This agreement is the actual order of the items listed above and it is understood that all items are custom made and all work is custom. Deposit is non-refundable. In case of sale of home or business, contract may be terminated upon payment to Seller of a sum equal to one third of the remaining balance. 4.Buyer agrees to and has read the Chemical Stain Disclaimer form (if necessary), and Expectation form. 5.Balance of money is due upon completion of work. If claim for payment is placed in the hands of an attorney for collection, Buyer agrees to pay Seller a reasonable attorney’s fee fixed by the court. 6.Except as provided in writing, Seller does not warrant the goods covered by this agreement and no other warranty expressed or implied is made by Seller. Seller is also not responsible for slip resistance chosen by the Buyer. If Buyer desires to change slip resistance, additional charges will apply. 7.Warranty is void with regard to any part or parts subject to abuse, neglect, or accidental causes including but not limited to: fire, flood, acts of God, and war. 8.Seller is not responsible for sub-surfaces such as concrete during the installation due to the fact the prior conditions of the surfaces cannot be determined. Any problems that occur due to these sub-surfaces cannot be warranted. This includes moisture transmission and hydrostatic pressure in concrete. Any defects in sub- surface will not be addressed unless listed above. 9.Seller will make every reasonable effort, in advance, to protect landscaping, walls and all adjacent areas and items from damage; however, Seller cannot warranty these areas against possible damage. It is the responsibility of the Buyer to protect these areas. Pools must be drained during installation. 10.Seller will not assume responsibility of damage caused by non-recommended maintenance procedures. It is agreed that Seller shall not be liable for any defect or damage resulting from installations requested by Buyer that depart from accepted installation methods. If an unauthorized person services the surface, any warranty is automatically voided, and Seller assumes no liability or responsibility for damage. 11.In cases where buyer does not own the home or business to which Seller is installing surface, buyer represents that he has permission of owner to install surface and is fully responsible for completion of contract. Condominium owners, homeowners, and business owners responsible to associations or boards represent that they have or will obtain any necessary approvals. 12.Buyer grants Seller permission to photograph the installation and installation site and use such photographs in future sales presentations and advertising. 13.During the project, Seller may substitute better quality and/or more expensive products and/or processes with or without the verbal or written approval of the Buyer. 14.Buyer must notify Seller a minimum of 48 hours (not including weekends) prior to the scheduled start day of any delays or postponement. If Seller is not notified at least 48 hours in advance, additional charges will be added. 15.Any person or company supplying labor or materials for this improvement to your property may file a lien against your property if that person or company is not paid for the contributions. Under Minnesota law, you have the right to pay persons who supplied labor or materials for this improvement directly and deduct this amount from our contract price, or withhold the amounts due them from us until 120 days after completion of the improvement unless we give you a lien waiver signed by persons who supplied any labor or material for the improvement and who gave you timely notice. Council Packet Page Number 132 of 178 G6 CITY COUNCIL STAFF REPORT Meeting Date April 24, 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 153 Police Officers (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 153 Police Officers expired on December 31, 2022. Staff recommends the City Council approve a new collective bargaining agreement with the Officers for 2023 Î 2025. Recommended Action: Motion to approve the 2023-2025 Collective Bargaining Agreement between the City of Maplewood and LELS Local 153 Police Officers 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 $374,000 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 133 of 178 G6 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 153 Police Officers (2023 - 2025) Collective Bargaining Agreement Council Packet Page Number 134 of 178 G6, 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 153) January 1, 20222023- December 31, 20222025 1 Council Packet Page Number 135 of 178 G6, Attachment 1 Table of Contents MASTER LABOR AGREEMENT ................................................... 3 ARTICLE 1: PURPOSE OF AGREEMENT ............................................ 3 ARTICLE 2: RECOGNITION ...................................................... 3 ARTICLE 3: DEFINITIONS ........................................................ 3 ARTICLE 4: EMPLOYER SECURITY ................................................ 4 ARTICLE 5: EMPLOYER AUTHORITY ............................................... 4 ARTICLE 6: UNION SECURITY .................................................... 4 ARTICLE 7: EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE ............................ 5 ARTICLE 8: SAVINGS CLAUSE ................................................... 7 ARTICLE 9: SENIORITY ......................................................... 7 ARTICLE 10: DISCIPLINE ........................................................ 8 ARTICLE 11: CONSTITUTIONAL PROTECTION ....................................... 9 ARTICLE 12: WORK SCHEDULES ................................................. 9 ARTICLE 13: WAGES ........................................................... 9 ARTICLE 14: VACATIONS/ANNUAL LEAVE ....................................... 1110 ARTICLE 15: SICK LEAVE .................................................... 1211 ARTICLE 16: SEVERANCE PAY ................................................ 1312 ARTICLE 17: FUNERAL/BEREVEMENT LEAVE .................................... 1312 ARTICLE 18: HOLIDAYS ...................................................... 1312 ARTICLE 19: FALSE ARREST .................................................. 1413 ARTICLE 20: OVERTIME ...................................................... 1413 ARTICLE 21: COURT TIME ......................................................1 4 ARTICLE 22: CALL BACK TIME ................................................ 1514 ARTICLE 23: ON-CALL ......................................................... 15 ARTICLE 24: WORKING OUT OF CLASSIFICATION ................................. 1615 ARTICLE 25: INSURANCE .................................................... 1615 ARTICLE 26: STANDBY PAY .................................................. 1918 ARTICLE 27: UNIFORMS ..................................................... 1918 ARTICLE 28: INJURY ON DUTY .................................................. 19 ARTICLE 29: LONGEVITY AND EDUCATIONAL INCENTIVE ............................. 19 ARTICLE 30: TUITION REIMBURSEMENT ........................................... 20 ARTICLE 31: FIELD TRAINING OFFICER ......................................... 2120 ARTICLE 32: WAIVER ........................................................ 2120 ARTICLE 33: DURATION ....................................................... 21 APPENDIX AÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈ..22 Formatted: Font: (Default) Arial, 10 pt Formatted: Normal 2 Council Packet Page Number 136 of 178 G6, Attachment 1 MASTER LABOR AGREEMENT BETWEEN CITY OF MAPLEWOOD LAW ENFORCEMENT LABOR SERVICES INC., (LOCAL 153) ARTICLE 1: PURPOSE OF AGREEMENT This AGREEMENT is entered into as of January 1, 20222023, between the CITY OF MAPLEWOOD, hereinafter called the EMPLOYER, and LAW ENFORCEMENT LABOR SERVICES INC. hereinafter called the UNION. It is the intent and purpose of this AGREEMENT to: 1.1 Establish procedures for the resolution of disputes concerning this AGREEMENT'S interpretation and/or application; and 1.2 Place in written form the parties' agreement upon terms and conditions of employment for the duration of this AGREEMENT. ARTICLE 2: RECOGNITION 2.1 The EMPLOYER recognizes the UNION as the exclusive representative, under Minn. Stat. 179A.03, Subd. 8 for all police personnel in the following job classifications: Police Officer Police Officer - Dog Handler 2.2 In the event the EMPLOYER and the UNION are unable to agree as to the inclusion or exclusion of a new or modified job class, the issue shall be submitted to the Bureau of Mediation Services for determination. ARTICLE 3: DEFINITIONS 3.1 GROUP/UNION: Law Enforcement Labor Services Inc. 3.2 UNION MEMBER: A member of Law Enforcement Labor Services Inc. (Local 153). 3.3 EMPLOYEE: A member of the exclusively recognized bargaining unit. 3.4 DEPARTMENT: The City of Maplewood Police Department. 3.5 EMPLOYER: The City of Maplewood. 3.6 CHIEF: The Chief of the Maplewood Police Department. 3 Council Packet Page Number 137 of 178 G6, Attachment 1 3.7 UNION OFFICER: Officer elected or appointed by Law Enforcement Labor Services Inc., (Local 153). 3.8 INVESTIGATOR/DETECTIVE: An employee specifically assigned or classified by the EMPLOYER to the job classification and/or job position of INVESTIGATOR/DETECTIVE. 3.9 OVERTIME: Work performed at the express authorization of the EMPLOYER in excess of the employee's scheduled shift. 3.10 SCHEDULED SHIFT: A consecutive work period including rest breaks and a lunch break. 3.11 REST BREAKS: Periods during the SCHEDULED SHIFT during which the employee remains on continual duty and is responsible for assigned duties. 3.12 LUNCH BREAK: A period during the SCHEDULED SHIFT during which the employee remains on continual duty and is responsible for assigned duties. 3.13 STRIKE: Concerted action in failing to report for duty, the willful absence from one's position, the stoppage of work, slow-down, or abstinence in whole or in part from the full, faithful and proper performance of the duties of employment for the purposes of inducing, influencing or coercing a change in the conditions or compensation or the rights, privileges or obligations of employment. ARTICLE 4: EMPLOYER SECURITY The UNION agrees that during the life of this AGREEMENT that the UNION will not cause, encourage, participate in, or support any strike, slow-down, or other interruption of or interference with the normal functions of the EMPLOYER. ARTICLE 5: EMPLOYER AUTHORITY 5.1 The EMPLOYER retains the full and unrestricted right to operate and manage all manpower, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structures; to select, direct, and determine the number of personnel; to establish work schedules; and to perform any inherent managerial function not specifically limited by this AGREEMENT. 5.2 Any term and condition of employment not specifically established or modified by this AGREEMENT shall remain solely within the discretion of the EMPLOYER to modify, establish, or eliminate. ARTICLE 6: UNION SECURITY 6.1 The EMPLOYER shall deduct from the wages of employees who authorize such a deduction in writing an amount necessary to cover monthly UNION dues. Such monies shall be remitted as directed by the UNION. 4 Council Packet Page Number 138 of 178 G6, Attachment 1 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. ARTICLE 7: EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE 7.1 Definition of a Grievance - A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this AGREEMENT. 7.2 UNION Representatives - The EMPLOYER will recognize REPRESENTATIVES designated by the UNION as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The UNION REPRESENTATIVES and/or their successors when so designated as provided by 6.2 of this AGREEMENT shall be the sole representative of the UNION. 7.3 Processing of a Grievance - It is recognized and accepted by the UNION and the EMPLOYER that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the EMPLOYEES and shall therefore be accomplished during normal working hours only when consistent with such EMPLOYEE duties and responsibilities. The aggrieved EMPLOYEE and a UNION REPRESENTATIVE shall be allowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the EMPLOYER during normal working hours provided that the EMPLOYEE and the UNION REPRESENTATIVE have notified and received the approval of the designated supervisor who has determined that such absence is reasonable and would not be detrimental to the work programs of the EMPLOYER. 7.4 Procedure - Grievances, as defined by Section 7.1, shall be resolved in conformance with the following procedure. Step 1. An EMPLOYEE claiming a violation concerning the interpretation of application of this AGREEMENT shall, within twenty-one (21) calendar days after such alleged violation has occurred, present such grievance to a Lieutenant. The Lieutenant will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the AGREEMENT allegedly violated, the remedy requested, and shall be appealed to Step 2 within ten (10) calendar days after the LieutenantÓs final answer in Step 1. Any grievance not appealed in writing to Step 2 by the UNION within ten (10) calendar days shall be considered waived. Step 2. If appealed, the written grievance shall be presented by the UNION and discussed with the Chief of Police. The Chief of Police shall give the UNION the 5 Council Packet Page Number 139 of 178 G6, Attachment 1 EMPLOYER'S Step 2 answer in writing within ten (10) calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed in Step 3 within ten (10) calendar days following the Chief of PoliceÓs final answer in Step 2. Any grievance not appealed in writing to Step 3 by the UNION within ten (10) calendar days shall be considered waived. Step 3. If appealed, the written grievance shall be presented by the UNION and discussed with the City Manager. The City Manager shall give the UNION the EMPLOYER'S answer in writing within ten (10) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days following the City ManagerÓs final answer in Step 3. Any grievance not appealed in writing to Step 4 by the UNION within ten (10) calendar days shall be considered waived. Step 4. A grievance unresolved in Step 3 and appealed to Step 4 by the UNION shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971. The selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances" as established by the Bureau of Medication Services Ðas amendedÑ to the ÐPublic Employment Labor Relations Act of 1971.Ñ 7.5 Arbitrator's Authority 7.5a The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the terms and conditions of this AGREEMENT. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the EMPLOYER and the UNION, and shall have no authority to make a decision on any other issue not so submitted. 7.5b The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modifying or varying in any way the application of laws, rules, or regulations having the force and effect of law. The arbitrator's decisions shall be submitted in writing within thirty (30) days following the close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on both the EMPLOYER and the UNION and shall be based solely on the arbitrator's interpretation or application of the express terms of this AGREEMENT and to the facts of the grievance presented. 7.5c The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the EMPLOYER and the UNION provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings the cost shall be shared equally. 7.6 Waiver - If a grievance is not presented within the time limits set forth above, it shall be considered "waived". If a grievance is not responded to within the specified time limits, the UNION may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual written agreement of the EMPLOYER and the UNION in each step. 6 Council Packet Page Number 140 of 178 G6, Attachment 1 7.7 Choice of Remedy - If, as a result of the written EMPLOYER response in Step 3, the grievance remains unresolved, and if the grievance involves the suspension, demotion, or discharge of an employee who has completed the required probationary period, the grievance may be appealed either to Step 4 of Article VII or a procedure such as: Civil Service, Veteran's Preference, or E.E.O.C. If appealed to any procedure other than Step 4 of Article VII the grievance is not subject to the arbitration procedure as provided in Step 4 of Article VII. The aggrieved employee shall indicate in writing which procedure is to be utilized -- Step 4 of Article VII or another appeal procedure -- and shall sign a statement to the effect that the choice of any other hearing precludes the aggrieved employee from making a subsequent appeal through Step 4 of Article VII. The election set forth above shall not apply to claims subject to the jurisdiction of the United States Equal Employment Opportunity Commission. ARTICLE 8: SAVINGS CLAUSE This agreement is subject to the laws of the United States, the State of Minnesota, and the signed municipality. In the event any provision of this agreement shall be held to be contrary to law by a Court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provision shall be voided. All other provisions of this agreement shall continue in full force and effect. The voided provision shall be renegotiated at the request of either party. ARTICLE 9: SENIORITY 9.1 Seniority shall be determined by the employee's start date in the job class, regardless of whether they were initially hired as part-time or full-time officers. Seniority shall be determined by the employee's length of continuous employment with the Police Department and posted in an appropriate location. Seniority rosters may be maintained by the Chief on the basis of time in grade and time within specific classifications. 9.2 During the probationary period a newly hired or rehired employee may be discharged at the sole discretion of the EMPLOYER. During the probationary period promoted or reassigned employees may be replaced in their previous position at the sole discretion of the EMPLOYER. 9.3 A reduction of work force will be accomplished on the basis of seniority. Employees shall be recalled from layoff on the basis of seniority. Employees on layoff shall have an opportunity to return to work within two years of the time of their layoff before any new employee is hired. 9.4 Senior employees will be given preference with regard to transfer, job classification assignments and promotions when the job-relevant qualifications of employees are equal. 9.5 Senior qualified employees shall be given shift assignment preference after eighteen (18) months of continuous full-time employment. Schedules will be bid two (2) times a st year. The first bid for the following year will be posted by October 1. Employees shall st complete their first bid by November 1. The first bid will be implemented on January stst 1. The second bid for the current year will be posted by April 1. Employees shall 7 Council Packet Page Number 141 of 178 G6, Attachment 1 stst complete the bid process by May 1. The second bid will be implemented on July 1 for the current year. Employees shall bid in a timely manner. ÐTimely MannerÑ is defined as a maximum of two of the employeeÓs working days after becoming eligible to bid. 9.6 Employees may select two (2) continuous vacation periods by seniority in the fall for the following calendar year. The first choice shall be selected from a posting posted by November October 2nd. Such selection shall be completed by November 30th. The second choice shall be selected from a posting posted by December 1st. Such selection shall be completed by December 31st. There shall be no second choice bids until first choice bids have been completed. Employees shall bid in a timely manner. ÐTimely mannerÑ is defined as a maximum of two of the employeeÓs working days after becoming eligible to bid. After December 31st, vacations shall be bid on a first-come, first-served basis. 9.7 Master Seniority. Employees hired on or after January 1, 1989, must use length of continuous service with the City's police department for purposes of exercising their seniority rights under Sections 9.5 and 9.6 of the labor agreement. ARTICLE 10: DISCIPLINE 10.1 The EMPLOYER will discipline employees for just cause only. Discipline will be in one or more of the following forms: a) oral reprimand; b) written reprimand; c) suspension; d) demotion; or e) discharge. 10.2 Suspensions, demotions, and discharges will be in written form. 10.3 Written reprimands, notices of suspension, and notices of discharge, which are to become part of an employee's personnel file shall be read and acknowledged by signature of the employee. Employees and the UNION will receive a copy of such reprimands and/or notices. 10.4 Employees may examine their own individual personnel files at reasonable times under the direct supervision of the EMPLOYER. 10.5 Employees will not be questioned concerning an investigation of disciplinary action unless the employee has been given an opportunity to have a UNION representative present at such questioning. 10.6 Grievances relating to suspensions, demotions or terminations shall be initiated by the UNION in Step 3 of the grievance procedure under Article 7. 10.7 The EMPLOYER will remove old disciplinary letters after five (5) years if no further discipline, above that of a verbal reprimand, has occurred within that five-year period. 8 Council Packet Page Number 142 of 178 G6, Attachment 1 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. e) Required time (if on a schedule where required time is a component). 12.2 Holidays and authorized leave time is to be calculated on the basis of the actual length of time of the assigned shifts. 12.3 Nothing contained in this or any other Article shall be interpreted to be a guarantee of a minimum or maximum number of hours the EMPLOYER may assign employees. ARTICLE 13: WAGES 13.1 WAGE RATES Effective January 1, 2022 Start ÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈ.. 80% of After 3 year Rate After 1 Year ÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈ.. 85% of After 3 year Rate After 2 Years ÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈ 90% of After 3 year Rate After 3 years = $ 7,439.84 After 4 years = $ 7,453.19 After 8 years = $ 7,466.51 After 12 years = $ 7,479.83 Employees shall receive the following Wage Adjustment A 3% wage increase and a 2% market adjustment effective January 1, 2022. Effective January 1, 2023, employees will be placed on the step in the new pay plan at the Formatted: Indent: Left: 0.5" 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 Formatted: Indent: Left: 0.5" implementation of new step plan 1.00% general wage increase effective July 1, 2023 9 Council Packet Page Number 143 of 178 G6, Attachment 1 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, 2023 Formatted: Space After: 0 pt 1.5% general wage increase effective June 28, 2025 New salary ranges are adopted with the 2023 contract. The new salary ranges have seven Formatted: Indent: Left: 0.5" (7) steps. Movement within the range is based on time in position. Employees will be eligible for step Formatted: Indent: Left: 0.5", Line spacing: Multiple 1.08 li, Tab stops: 6.69", Left + Not at 6.5" movement once per year on their anniversary date until they reach Step G. Formatted: Font: (Default) Arial It is understood that the City has the right to start a new hire at any step in the regular salary range (excluding longevity steps) at the CityÓs discretion when hiring an experienced officer. 13.2 In addition to the hourly rates provided in article 13.1 the city will contribute up to one hundred twenty ($120) dollars per month in deferred compensation, provided the Employee agrees to match the EMPLOYERÓS contribution of one hundred twenty ($120) dollars per month. The EMPLOYER agrees that if the Employee desires to contribute a lesser amount then the EMPLOYER shall match that lesser amount as well. The Employee agrees to have the funds deposited in an approved deferred compensation plan. 13.3 Employees classified or assigned by the EMPLOYER to the following job classifications or positions will receive six percent (6%) of Step D the Top Patrol Rate per month or that amount prorated for less than a full month in addition to their regular wage rate: Investigator (Detective) School Resource Officer Retail Crime Officer Violent Crime Enforcement Team (VCET) designee 13.4 Employees classified or assigned by the EMPLOYER to the following job classifications or positions will receive $100 per month or that amount prorated for less than a full month in addition to their regular wage rate: Street Crimes Unit 13.5 Based on requirements in the Federal Fair Labor Standards Act (FLSA), Dog Handlers will be paid thirty (30) minutes each calendar day at time and one-half their regular rate of pay for care, maintenance, and training of the officer's dog. Whenever an officer's dog is placed in a kennel, the additional compensation (30 minutes at time and one-half) will not apply for that day(s). The officer must notify his/her supervisor whenever the dog is placed in a kennel prior to submitting a timecard for that pay period. The kennel fee, if there is a fee, will be paid by the EMPLOYER. The EMPLOYER must approve the kennel. Any time in excess of thirty (30) minutes per day needed for care, maintenance, or training of the officer's dog must be authorized in advance by the Chief of Police or his/her designee. In the event that the FLSA requirements no longer apply, then the 10 Council Packet Page Number 144 of 178 G6, Attachment 1 method of compensation for Dog Handlers would immediately revert back to the 4% differential over top patrol. 13.6 Anytime that one of the listed job classifications becomes open, a notice of the vacancy will be posted. ARTICLE 14: VACATIONS/ANNUAL LEAVE 14.1 Full-time employees who are on the vacation/sick leave benefit plan shall earn vacation as per the following schedule: Vacation Accrual Rates for FT employees - 1-4 years of service 10 working days per year (80 hours) 5-11 years of service 15 working days per year (120 hours per year) 12-20 years of service 20 working days per year (160 hours per year) 21 years and thereafter 25 working days per year (200 hours per year) Full-time employees who are on the annual leave benefit plan shall earn annual leave as per the following schedule: Annual Leave Accrual Rates for FT employees - Years of Service Annual Accrual Rates 1 - 4 Years 19 days (152 hours per year) 5 - 11 Years 24 days (192 hours per year) 12 - 20 Years 29 days (232 hours per year) After 20 Years 34 days (272 hours per year) 14.2 Employees on vacation are allowed to carry over a maximum of one and one-half (1-1/2) times their annual vacation rate into any succeeding year. Annual leave will accrue on a pay-period basis (as vacation and sick leave do) for up to 62 days. Employees can carry over up to their full balance as long as the total balance never exceeds the 62-day cap. No additional accrual will occur above the cap. 11 Council Packet Page Number 145 of 178 G6, Attachment 1 14.3 The EMPLOYER and UNION agree to incorporate the Annual Leave Program as adopted by the City Council on February 12, 2001, and as amended on September 23, 2002. ARTICLE 15: SICK LEAVE 15.1 A full-time employee who is not accruing annual leave shall accumulate sick leave at a rate of one and one-quarter (1-1/4) days per month. Accumulated sick leave shall never total more than 2,400 hours (300 days) except as provided in Article 15.2. Actual sick leave cannot be made up by additional work shifts. 15.2 Sick Leave Conversion - Full-time employees can convert sick leave to vacation or deferred compensation (at the employee's current pay rate) on December 31st of any year assuming the employee elected the conversion option at the beginning of the year and had at least 800 hours at that time. The rate of conversation will be two (2) hours of sick leave for one (1) hour of vacation or deferred compensation. Such conversion shall not exceed a total of forty-eight (48) hours of vacation or deferred compensation. 15.2a The sick leave balance will be capped (frozen) on January 1 of the year the option is first elected. That balance or cap (which can be anything between 800 and 2,400 hours) will remain as the cap for that employee into the future. 15.2b Employees will, however, accrue additional sick leave hours (above the cap) during the succeeding twelve months at the regular accrual rate only for purposes of conversion or use during that year. 15.2c The conversion will take place on December 31st and will be limited to the 48 hours as stated above. Only hours earned in excess of the cap (January 1 through December 31) are eligible for conversion. Any additional hours accrued but unused during that year will be lost. 15.2d An employee who does not elect the conversion option will never accrue above 2,400 hours. Employees who are close to, or at, 2400 hours who elect the conversion option at the beginning of a given year can accrue additional sick leave above the 2,400 hours during the year only for purposes of conversion, or use, during that year. Hours accrued but unused between January 1 and December 31 of that year will then be converted to a maximum of 48 hours of vacation or deferred compensation. Any remaining balance above the cap will be lost. The employee will start the following year with no more than 2400 hours. 15.2e Employees who have a sick leave cap and who retire or resign under satisfactory conditions prior to December 31st of a given year, will be eligible to convert up to eighty percent (80%) of sick leave accrued and unused during that year. 15.3 Annual Leave Î Article 15.1 and 15.2 do not apply to employees who accrue annual leave except as provided in the Annual Leave Program (Current Sick Leave BalanceÏ Deferred Sick Leave and Severance Pay sections.) 12 Council Packet Page Number 146 of 178 G6, Attachment 1 ARTICLE 16: SEVERANCE PAY Upon retirement or termination under satisfactory conditions, after at least ten (10) years of service, the employee shall receive one-half (1/2) of his/her accumulated sick leave upon the basis of the employee's outgoing salary. In case of death not contributable to his duty, payment of one-half (1/2) of employee's sick leave shall be paid to the employee's beneficiary. In case of death in the line of duty, payment of the employee's full-accumulated sick leave shall be made to the employee's beneficiary. ARTICLE 17: FUNERAL/BEREVEMENT LEAVE A maximum of up to three (3) shifts of funeral/bereavement leave with pay shall be extended to a regular full-time officer upon the death of a member of the immediate family of said officer or his/her spouse (i.e., spouse, children, grandchildren, parents, grandparents, brothers, sisters, brothers-in-law, sisters-in-law, or guardian). Any leave beyond one shift, up to a maximum of three shifts, to be on approval of department head or authorized designee. The actual amount of time off, and funeral leave approved, will be determined by the department head depending on individual circumstances (such as closeness of the relative, arrangements to be made, distance to the funeral, etc.) ARTICLE 18: HOLIDAYS 18.1 All full-time employees shall be entitled to observe the following eleven (11) statutory holidays and shall be compensated at their regular pay rate for these days. Holiday st hours (x80 hours) will be made available January 1 of each year. If employment is separated the balance will be withheld by the employer based on the actual holidays earned. New Year's Day Veteran's Day President's Day Thanksgiving Day Memorial Day Juneteenth Friday after Thanksgiving Labor Day Christmas Day Martin Luther King's B-Day Independence Day These holidays shall be credited toward the normal work year as per 12.1 of the Labor Agreement. 18.2 If employees are required to work on an observed holiday (listed in 18.1), they shall be compensated at time and one half for actual hours worked on the holiday. Employees who work at least half of their assigned shift on the holiday will receive time and one half for the entire shift. Compensation shall be credited in either pay or compensatory time off. 18.3 If compelled to duty on their scheduled off-duty time on a statutory holiday, as defined in Article 18.1, employees will be compensated for a minimum of two (2) hoursÓ pay at two times (2x) the employeeÓs regular rate of pay. 18.4 If compelled by their supervisor to work in excess of a regularly scheduled shift on a holiday, as defined in Article 18.1, employees will be compensated at two times (2x) the employeeÓs regular rate of pay for only those actual hours worked in excess of 13 Council Packet Page Number 147 of 178 G6, Attachment 1 their scheduled shift. 18.5 In addition to the holidays listed in 18.1, all full-time employees shall receive twenty (20) hours of Personal holiday time per year. The time shall be requested off by the employee and approved by the employer. The hours must be used during the year and st will be will not carry over to the next year. Any unused hours as of December 31 converted to the employeeÓs Retiree Health Savings Plan. 18.6 Officers on a 5-2 rotation who are required to work on a holiday will be allowed to take another day off within the pay period plus receive four (4) hours of pay OR can elect to receive time and one-half pay with no time off. This is in addition to regular holiday pay. ARTICLE 19: FALSE ARREST The EMPLOYER shall provide and pay all premiums due on False Arrest Insurance to cover all employees covered by this AGREEMENT. ARTICLE 20: OVERTIME 20.1 Employees will be compensated at one and one-half (1-1/2) times the employee's regular base rate for hours worked in excess of the employee's regularly scheduled shift. Changes of shifts do not qualify an employee for overtime under this Article. 20.2 Overtime will be distributed as equally as practicable. 20.3 Overtime refused by employees will for record purposes under Article 20.2 be considered as unpaid overtime worked. 20.4 For the purpose of computing overtime compensation, overtime hours worked shall not be pyramided, compounded, or paid twice for the same hours worked. 20.5 Overtime will be calculated to the nearest fifteen (15) minutes. 20.6 Employees have the obligation to work overtime or call backs if requested by the EMPLOYER unless unusual circumstances prevent the employee from so working. 20.7 Voluntary Partial Shift Exchanges - Employees may elect to exchange hours with another employee on a one-for-one basis, up to a maximum of a full shift. When exchanging hours under this method, employees would not be eligible for overtime for extra hours worked as a result of the exchange. Likewise, the EMPLOYER would not require employees to use leave or compensatory time to make up any hours below eight (8) hours per shift. Shift exchanges are subject to supervisory approval prior to the exchange. The exchange must occur during the same twenty-eight (28) day schedule and must be an even exchange (hour for hour). It is understood the request to exchange hours must be submitted in writing to the Lieutenant in charge of scheduling (or the LieutenantÓs designee) and must be approved prior to the first date of the exchange. ARTICLE 21: COURT TIME Employees who are required to appear in Court during their scheduled off-duty time shall receive a minimum of four (4) hours pay at one and one-half (1-1/2) times the employee's base 14 Council Packet Page Number 148 of 178 G6, Attachment 1 pay rate. An extension or early report to a regularly scheduled shift for Court appearance does not qualify the employee for the four (4) hour minimum. If employees have received notice from EMPLOYER of a specific date and time to appear in court on behalf of EMPLOYER during their scheduled off duty time, and EMPLOYER and/or the EMPLOYERÓs designee cancels said appearance with less than thirty-six (36) hoursÓ notice from the time and date of such requested appearance, then employee shall receive reimbursement equivalent to the Court Time pay as provided herein, for such cancellation, upon notation on the timesheet of the employee requesting such reimbursement. Such reimbursement shall not apply to cancellation of appearances for jury trials, or if employee has been called for multiple hearings on the same day, unless notice was provided less than thirty-six (36) hours prior to the multiple hearings, that all such hearings were cancelled. In such event that multiple hearings were noticed for the same day and all were cancelled less than thirty-six (36) hours prior to such hearings, then employee is still only eligible for one, four (4) hour reimbursement as provided above. ARTICLE 22: CALL BACK TIME An employee who is called to duty during his scheduled off-duty time shall receive a minimum of two (2) hours' pay at one and one-half (1-1/2) times the employee's base pay rate. An extension or early report to a regularly scheduled shift for duty does not qualify the employee for the two (2) hour minimum. ARTICLE 23: ON-CALL 23.1 Definition. Police Officers assigned to the classification of Investigator (Detective) pursuant to Article 13.3 of the collective bargaining agreement that is required by the Employer to be available to answer a service call and perform work if necessary during hours outside their normal work shift, shall be considered Ðon-call.Ñ 23.2 Schedule. The Employer will establish an on-call schedule one month prior to the initial implementation; after which a schedule will be posted for three months at a time. Generally, Investigators will be on-call on a weekly rotating basis. The week will start on Thursday at 0800 hours and end the following week on Thursday at 0759 hours. Investigators are allowed to switch days or weeks with one another and shall notify their immediate supervisor. 23.3 Requirements. If assigned as on-call, employees must ensure they are available to be contacted. Investigators will carry their work assigned phone with them at all times and are expected to answer immediately. Employees must respond as quickly as possible, with all necessary gear, but no longer than 60 minutes shall they arrive on-scene. 23.4 Compensation. In addition to the compensation outlined in Article 13.3, Investigators will be compensated one-hundred fifty dollars ($150) per month. 23.5 Vehicle. Take-home vehicles are optional and provided to Employees to assist in conducting City business. Use of City-owned property and vehicles outside work hours will be allowed only in situations where such use constitutes a benefit to the City, including personal use incidental to the use of the vehicle for City business. Use of take- home vehicles for driving to and from work or work-related meetings or training on off- duty hours is permitted. Employees with take home vehicles must have sufficient equipment in the vehicle to respond to a call whenever their vehicles are used. 15 Council Packet Page Number 149 of 178 G6, Attachment 1 23.6 Call-Back. In addition to the above compensation, employees who are on-call and are called to duty shall be compensated pursuant to Article 22 of the collective bargaining agreement. ARTICLE 24: WORKING OUT OF CLASSIFICATION 24.1 Officer In Charge: Employees assigned by the Employer to assume the significant duties, responsibilities and authority of a higher classification on a short term or emergency basis (not to exceed one (1) shift) shall receive $5.50 per hour over their regular pay rate for the actual hours worked in the higher position. 24.2 Acting Sergeant: Employees assigned by the Employer to assume the significant duties, responsibilities and authority of a higher classification as a temporary, acting sergeant shall be paid at the base rate for Sergeant. ARTICLE 25: INSURANCE 2022 Health Care Costs/Contributions 25.1 For all full-time employees hired prior to January 1, 2013, the employer will pay 100% of the cost of employee (single) health insurance premium less $20, and 50% plus $45 toward the cost of the monthly dependent health insurance premium for the High Deductible Health Plan (hereafter the ÐHDHPÑ) for either the Medica Elect/Essential or Medica Choice plans. The Employer shall contribute towards the cost of insurance as follows: a. $20 per month credit towards single health care insurance for those employees who are deemed to have actively participated in the City provided Wellness Plan. i. The term actively participated shall be as determined by the Labor- Management Wellness Committee. b. $1,900 annually into a Health Reimbursement Account (HRA) for those employees who elect single coverage in either the Medica Elect/Essential Plan or Medica Choice plan. c. $3,200 annually into a HRA for those employees who elect family coverage in either the Medica Elect/Essential Plan or Medica Choice Plan. 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 16 Council Packet Page Number 150 of 178 G6, Attachment 1 option the employee may choose to receive up to twelve (12) hours of annual leave or twelve (12) hours of vacation pay (for those employees still on the vacation sick plan) in lieu of receiving the contribution into the EmployeeÓs HRA. 25.2 For all employees hired on or after January 1, 2013, the following shall apply a. The employer will pay 100% of the cost of employee (single) health insurance premium less $20, and 50% plus $45 toward the cost of the monthly dependent health insurance premium for the High Deductible Health Plan (hereafter the ÐHDHPÑ) for the Medica Elect/Essential plan. For any employee who chooses to participate in any other plan offered by the City, if any, the City will contribute an amount equal to the actual dollar amounts paid for single HDHP coverage towards the monthly premiums for other such plans for single coverage, and an amount equal to the actual dollar amounts paid for family HDHP coverage for families toward the monthly premiums for such plans for family coverage and the employee shall be responsible to pay any difference over and above such contributions. The Employer shall contribute towards the cost for insurance as follows: i. $20 per month credit towards single health care insurance for those employees who are deemed to have actively participated in the City provided Wellness Plan. 1. The term actively participated shall be as determined by the Labor-Management Wellness Committee. ii. $1,700 annually into a Health Reimbursement Account (HRA) for those employees who elect single coverage. For newly hired employees who have successfully completed one year of employment, the contribution shall be $1800.00. iii. $2,700 annually into a HRA for those employees who elect family coverage. For newly hired employees who have successfully completed one year of employment, the contribution for family coverage shall be $2800.00. b. The City shall contribute up to $450 annually toward the Employee HRA for those Employees who have been determined to have actively participated in the Wellness Program as determined by the Labor-Management Wellness Committee. At the employeeÓs option the employee may choose to receive up to 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 for 20222023, 2024 and 2025. Effective January 1, 2024, employees who elect single coverage shall contribute $15.00 per month. Beginning in 2024, the City will offer an HSA. The Employer and the Employee further agree to actively engage in labor-management 17 Council Packet Page Number 151 of 178 G6, Attachment 1 discussions and planning with regard to future citywide health insurance offerings. It is the cityÓs expectation that a global agreement will be reached by the cityÓs insurance committee. In the event the health insurance provision of this agreement fails to meet the requirements of the Affordable Care Act and/or other new federal legislation or causes the Employer to be subject to a penalty, tax, or fine, the Union and the Employer will meet immediately to negotiate alternative provisions. 25.3 Any changes that are presented at renewal will be discussed (and agreed to) through the Insurance Labor-Management Committee process. Insurance benefits apply to full- time employees only. 25.4 Dental, Life and Long-Term Disability Insurance Î The EMPLOYER shall pay one hundred percent (100%) of the cost of employee (single) dental insurance coverage, a $35,000 group term life insurance policy, and long-term disability insurance for regular full-time employees. 25.5 Short-Term Disability Insurance Î The City agrees to offer or go out for bid for short-term disability insurance coverage. Employees may elect this optional coverage at the employeeÓs cost. 25.6 The CITY will provide an IRS-125 plan for the employee's contribution in order to permit the EMPLOYEE to pay with pre-tax dollars. 25.7 Retiree Health Savings Plan -- The City agrees to provide a retiree health savings plan with the following plan specifications: 1. Participant & benefit eligibility criteria: Must be full-time employee, no minimum or maximum age and years of service requirement, except as stipulated for eligibility severance pay in current labor agreement. 2. Benefits will be limited to insurance premiums (health, dental, vision & long Îterm care premiums, Medicare Part B, Medicare Part D, Medicare supplements, other prescription drugs & insurance premiums) and out-of-pocket expenses described as eligible by the IRS. 3. The RHS plan will be funded by severance pay as follows: A) One hundred percent (100%) of eligible severance pay for sick leave and deferred sick leave would be deposited into the RHS plan if the employee is at least age fifty (50) at time of separation. B) One hundred percent (100%) of accrued vacation would be deposited into the RHS plan if the employeeÓs balance is at least two hundred seventy-five (275) hours and is at least age (50) at time of separation. If under two hundred seventy-five (275) hours or under age fifty (50), nothing would go in. C) One hundred percent (100%) of accrued annual leave would be deposited into the RHS plan if the employeeÓs balance is at least eighty (80) hours and is at least age fifty (50) at time of separation from service. If under eighty (80) hours or under age fifty (50), nothing would go in. 18 Council Packet Page Number 152 of 178 G6, Attachment 1 D) One hundred percent (100%) of unused personal holiday and comp time bank would be deposited into the RHS plan. 4. The RHS plan will be funded with annual deposits as follows: A) Employees with vacation time will have the cash value of all vacation hours in excess of the carry-over limit (1.5 times annual accrual) deposited into the RHS plan. B) Employees will have the cash value of all personal holiday hours unused as of December 31, deposited into the RHS plan. ARTICLE 26: STANDBY PAY 26.1 Employees required by the EMPLOYER to standby shall be paid for each standby time at the rate of one (1) hour's pay for each hour on standby. Paramedics on medical on- call status shall be paid at the rate of one-quarter (1/4) hour pay for each hour on on-call. 26.2 An employee placed on standby for court will be paid one-quarter (1/4) hour for each hour on standby under the following circumstances. A Lieutenant, or higher-ranking officer in the department, will set a defined period with a start and automatic ending time, but can call and cancel it earlier. The Lieutenant will decide when and if they will put an employee on standby. ARTICLE 27: UNIFORMS The Employer shall provide probationary officers uniforms and necessary equipment items for the term of their probationary period. The Employer will provide an account for non-probationary officers and plain clothes officer, in which uniforms and necessary equipment can be purchased from, in the amount of nine hundred twenty five ($900925) in 2023; nine hundred fifty ($950) in 2024 and nine hundred seventy five ($975) in 2025per year in 2019-2020. Uniform balances may be carried over from year to year, not to exceed a one two (12) year amount. ARTICLE 28: INJURY ON DUTY Employees injured during the performance of their duties for the EMPLOYER and thereby rendered unable to work for the EMPLOYER will be paid the difference between the employee's regular take-home pay and Worker's Compensation insurance and other disability payments for a period not to exceed ninety (90) working days per injury, not charged to the employee's vacation, sick leave, or other accumulated paid benefits. Employees shall receive no more than their regular take-home pay during the ninety (90) working days. ARTICLE 29: LONGEVITY AND EDUCATIONAL INCENTIVE Effective July 1, 1978, the following terms and conditions are effective: 29.1 After four (4) years of continuous employment each employee shall be eligible for choose to be paid supplementary pay of 3.5% (of employeeÓs Patrol Rate) per month or supplementary pay based on educational credits as outlined in 298.7 of this Article. 29.2 After eight (8) years of continuous employment each employee shall be eligible for choose to be paid supplementary pay of 5.5% (of employeeÓs Patrol Rate) per month or supplementary pay based on educational credits as outlined in 298.7 of this Article. 19 Council Packet Page Number 153 of 178 G6, Attachment 1 29.3 After twelve (12) years of continuous employment each employee shall be eligible for choose to be paid supplementary pay of 7.5% (of employeeÓs Patrol Rate) per month or supplementary pay based on educational credits as outlined in 298.7 of this Article. 29.4 After sixteen (16) years of continuous employment each employee shall be eligible for choose to be paid supplementary pay of 9.5% (of employeeÓs Patrol Rate) per month or supplementary pay based on educational credits as outlined in 298.7 of this Article. 29.5 After twenty (20) years of continuous employment each employee shall be eligible for choose to be paid supplementary pay of 10.5% (of employeeÓs Patrol Rate) per month or supplementary pay based on educational credits as outlined in 298.7 of this Article. 29.6 Employees may be eligible choose supplementary pay either for length of service or for educational credits no more often than once every twelve (12) months. 29.7 Supplementary pay based on educational credits will be paid to employees hired prior to January 1, 1986, after twelve (12) months of continuous employment at the rate of: Education Credits stated in Pay terms of college quarter credits Increment 45 - 89 92.32 90 - 134 157.20 135 - 179 222.08 180 or more 286.96 Not all courses are to be eligible for credit. Courses receiving qualifying credits must be job related. (Thus, a 4-year degree is not automatically 180 credits -- or a 2-year certificate is not automatically 90 credits.) Job-related courses plus those formally required to enter such courses shall be counted. If Principles of Psychology (8 credits) is required before taking Psychology of Police Work (3 credits), completion of these courses would yield a total of 11 qualifying credits. C.E.U.'s (Continuing Education Units) in job-related seminars, short courses, institutes, etc., shall also be counted. The EMPLOYER shall determine which courses are job related. Disputes are grievable based on the criteria outlined in the award of Minnesota Bureau of Mediation Services Case No. 78-PN-370-A. ARTICLE 30: TUITION REIMBURSEMENT When funds are available as determined by the Department Head, the EMPLOYER 30.1 agrees to pay fifty percent (50%) of the cost of tuition, books and unique software required specifically for the class ( as opposed to general software such as ÐMicrosoft Word¨Ñ), upon successful completion with a ÐCÑ grade or better, seventy-five percent (75%) reimbursement upon completion with a ÐBÑ grade or better and eighty five percent (85%) reimbursement upon completion with an A grade, during the term of this 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 20 Council Packet Page Number 154 of 178 G6, Attachment 1 more costly school provided they pay the difference in cost. Employees must reimburse the City on a pro-rata basis if they voluntarily leave employment or are terminated for cause within thirty-six (36) months of reimbursement. 30.2 The EMPLOYER will reimburse officers one hundred percent (100%) of the cost of peace officer license renewal. ARTICLE 31: FIELD TRAINING OFFICER Employees assigned by the EMPLOYER to perform Field Training Officer duties will be paid $4.75 per hour for the actual hours assigned such duties. ARTICLE 32: WAIVER 32.1 Any and all prior agreements, resolutions, practices, policies, rules, and regulations regarding terms and conditions of employment, to the extent inconsistent with the provisions of this AGREEMENT, are hereby superseded. 32.2 The parties mutually acknowledge that during the negotiations which resulted in this AGREEMENT, each had the unlimited right and opportunity to make demands and proposals with respect to any term or condition of employment not removed by law from bargaining. All agreements and understandings arrived at by the parties are set forth in writing in this AGREEMENT for the stipulated duration of this AGREEMENT. The EMPLOYER and the UNION each voluntarily and unqualifiedly waives the right to meet and negotiate regarding any and all terms and conditions of employment referred to or covered by this AGREEMENT or with respect to any term or condition of employment not specifically referred to or covered by the AGREEMENT, even though such terms or conditions may not have been within the knowledge or contemplation of either or both of the parties at the time this contract was negotiated or executed. 32.3 The UNION and the CITY agree to meet and confer to discuss possible accommodations for "qualified" disabled employees as the need arises, consistent with the intent of the Americans with Disabilities Act. ARTICLE 33: DURATION This AGREEMENT shall be effective as of January 1, 20222023, except as herein noted, and shall remain in full force and effect until the thirty-first day of December 20222025. In witness whereof, the parties hereto have executed this AGREEMENT on this ____ day of____________________, 20222023. FOR THE CITY OF MAPLEWOOD: LAW ENFORCEMENT LABOR SERVICES, INC., Local 153 ___________________________________ ______________________________ Mayor Business Agent ___________________________________ ______________________________ City Manager Steward 21 Council Packet Page Number 155 of 178 G6, Attachment 1 ___________________________________ ______________________________ Assistant City Manager/HR Director Steward 22 Council Packet Page Number 156 of 178 G6, Attachment 1 APPENDIX A Formatted: Font: (Default) Arial, Bold Formatted: Font: (Default) Arial, Bold 23 Council Packet Page Number 157 of 178 G7 CITY COUNCIL STAFF REPORT Meeting Date April 24, 2023 REPORT TO:Melinda Coleman, City Manager REPORT FROM: Mychal Fowlds, IT Director PRESENTER:Mychal Fowlds, IT Director AGENDA ITEM: Payment for Axon Yearly Maintenance Support & Evidence.com Subscription Action Requested:MotionDiscussionPublic Hearing Form of Action: Resolution OrdinanceContract/Agreement Proclamation Policy Issue: Support contracts for software are a major necessity because there are always fixes and updates and without the support contracts we’re entitled to none of these. Also, to speak with any of our third-party vendors a support contract is required. In addition to the yearly support contract, this item also includes our yearly subscription for the “Officer Safety” plan which will be explained in greater detail below. Recommended Action: Motion to approve payment for Axon yearly maintenance support and Evidence.com subscription. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is $166,531.61. 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 that we remain current with our support contract makes certain that staff is able to address any issues or bugs they find within the software. This also makes sure that support is available should any larger scale events occur which would require further assistance from the vendor to get the systems back up and running. Background: In 2017 the City purchased and implemented body cameras and interview room cameras from Axon (formerly Taser). Along with the capital items the City chose to enroll in Axon’s “Officer Safety” plan to address the storage of the video created by those camera systems. The “Officer Safety” plan is a subscription based, hosted solution which includes one Smart weapon (taser), two Axon camera upgrades, full warranty, repair and replacement coverage and unlimited Evidence.com storage for Council Packet Page Number 158 of 178 G7 all officers. In addition to the storage of files on Evidence.com, the site also provides a number of tools to assist the Public Safety department. Tools include the ability to create and share case data, redaction tools for video, transcription assistance and the ability for the public to upload evidence. This agenda item includes the yearly payment for this subscription. This payment is the first of a 5 year agreement that the City Council approved in March of 2022. This item also includes the software and hardware maintenance payments for the Police Department interview room systems purchased from Axon (Taser). This system includes touch panels to control the recording in each interview room and the camera systems themselves. Attachments: 1.Axon invoice Council Packet Page Number 159 of 178 G7, Attachment 1 Council Packet Page Number 160 of 178 G7, Attachment 1 Council Packet Page Number 161 of 178 G7, Attachment 1 Council Packet Page Number 162 of 178 G7, Attachment 1 Council Packet Page Number 163 of 178 G7, Attachment 1 Council Packet Page Number 164 of 178 G7, Attachment 1 Council Packet Page Number 165 of 178 G7, Attachment 1 Council Packet Page Number 166 of 178 G7, Attachment 1 Council Packet Page Number 167 of 178 G7, Attachment 1 Council Packet Page Number 168 of 178 G7, Attachment 1 Council Packet Page Number 169 of 178 G7, Attachment 1 Council Packet Page Number 170 of 178 G7, Attachment 1 Council Packet Page Number 171 of 178 G7, Attachment 1 Council Packet Page Number 172 of 178 G7, Attachment 1 Council Packet Page Number 173 of 178 G8 CITY COUNCIL STAFF REPORT Meeting Date April 24, 2023 REPORT TO:Melinda Coleman, City Manager REPORT FROM: Mychal Fowlds, IT Director Brian Bierdeman, Public Safety Director PRESENTER:Mychal Fowlds, IT Director AGENDA ITEM: Purchase of Police Department Security Enhancements Action Requested:MotionDiscussionPublic Hearing Form of Action: Resolution OrdinanceContract/Agreement Proclamation Policy Issue: The City of Maplewood utilizes a card access system to manage access to City buildings. The City also utilizes a number of security cameras both externally and internally. This project will provide additional security cameras to fill blind spots internally and externally along with adding card readers to a number of doors so staff is better able to manage access to secure spaces. Recommended Action: Motion to approve the purchase of Police Department security enhancements. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is $64,426.20. 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 The Police Department needs to maintain a secure perimeter and additional security measures in certain internal locations. Approval of this item meets those requirements. Background: Most City buildings utilize card access systems and security cameras to monitor and secure the structures. In each instance the IT department works with staff that will be working out of the building to determine how best to setup their access and secure their building. It’s quite common to then need to revisit the initial plan to make sure that the original equipment continues to meet the security requirements as the use of the building matures. In the Police Department’s instance a number of security measures were added when the department space was remodeled. While those measures were adequate for a number of years staff now sees a need for additional security Council Packet Page Number 174 of 178 G8 measures to be added to the building. These features will allow for additional control and monitoring of our internal and external spaces. Attachments: 1.Electrowatchman quote 2.AllState Communications quote Council Packet Page Number 175 of 178 G8, Attachment 1 Council Packet Page Number 176 of 178 G8, Attachment 1 Council Packet Page Number 177 of 178 G8, Attachment 2 March 9, 2023 Mr. Mychal Fowlds IT Director | Information Technology City of Maplewood 1830 County Rd B East Maplewood, MN 55109 Re: City Hall Security Camera Update Cabling Quote Address: 1830 County Rd B East Maplewood, MN 55109 Scope of work Per walk-thru on 1-6-23 and on 2-21-23; Install a total of (7) BLUE Cat. 6 plenum cables to Camera locations specified. LƓƭƷğƌƌ IL9 /ğƷ͵ Џ ƦƌĻƓǒƒ ĭğĬƌĻͲ ĭƚźƌ ЋЎ͸ ŅƚƩ ĭƚƓƓĻĭƷźƚƓƭ Ʒƚ ĭğƒĻƩğ ĬǤ ƚƷŷĻƩƭ͵ Terminate with Blue Cat. 6 jacks if applicable. No biscuit boxes or patch cords required at this time. INCLUDE NEW 24-port loaded patch panel for IDF 312. Apply Fire-stop as required of all communications sleeves. Velcro within closets. Provide Cable test result to IT Dept. upon completion. /!a Њ Α tƚƌźĭĻ ƓźŭŷƷ ĻƓƷƩğƓĭĻ ğƷ ĻğƭƷ ƭźķĻ Α ĭƚźƌ ЌЉͷΏЎЉ͸ Α ƩƚǒƷĻ Ʒƚ L5C ЌЊЋ͵ /!a Ћ Α tƚƌźĭĻ ĻğƭƷ ƭźķĻͲ ǒƭĻ ƭƌĻĻǝĻ ŅƩom small office into corridor to coil. /!a Ќ Α { ƭźķĻ ƚŅ ĬǒźƌķźƓŭͲ ǒƭĻ ƭğƒĻ ƭƌĻĻǝĻ ŅƩƚƒ ƭƒall office. Cable to route across Garage, will require lift provided by City of Maplewood if possible. /!a Ѝ Α b ƭźķĻͲ ŅĻĻķ ƷŷƩǒ ağźƓƷĻƓğƓĭĻ Ʃƚƚƒ ğƓķ coil at ceiling near exterior location TBD. /!a Ў Α wƚǒƷĻ ķƚǞƓ ŷğƌƌǞğǤ ŅƩƚƒ L5CͲ ƓĻğƩ ĻǣźƭƷźƓŭ ĭğƒĻƩğ ğƷ wƚƚƒ ЌЋЍ͵ /!a Џ Α {ƚǒƷŷ ĻǣƷĻƩźƚƩ ķƚƚƩ Ώ LƓƭƷğƌƌ .\[ 9 /ğƷ͵ Џ Ʀƌenum cable to MDF, available ports, Velcro bundles. /!a А Α ĻƭƷ ĻƓƷƩğƓĭĻ Ώ LƓƭƷğƌƌ .\[ 9 /ğt. 6 plenum and route cable to MDF. ADD (11) Card Reader cables to scope, install Composite cable or 22/6 plenum cable to coil at door frame and headend equipment at IDF. Provide 15͸ ĭƚźƌ͵ 5ƚĻƭ ƓƚƷ źƓĭƌǒķĻ ĭƚƓķǒźƷ ƩƚǒŭŷΏźƓ͵ ADD ΛЎΜ /ğƒĻƩğ ƌƚĭğƷźƚƓƭ ƭƦĻĭźŅźĻķͲ ĭƚźƌ ЊЋΏЊЎ͸ ğƷ each device and terminate at IDF patch panel. TOTAL BUDGET COST: $11,861.00 Please contact for anything further, thank you for working with All State Communications, Bob Burt - Account Manager - Roseville Office - 763-350-8996 Bob.burt@allstatecom.com th 5114 Marson Drive 2611 Hamline Avenue North 5602 36 Street South Roseville, MN 55113 Sauk Rapids, MN 56379 Fargo, ND 58104 320.203.1511 Phone 651.636.7200 Phone 701.373.1001 Phone 320.203.1510 Fax 651.636.7201 Fax 701.373.0199 Fax www.allstatecom.com Council Packet Page Number 178 of 178