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HomeMy WebLinkAbout2023-10-09 City Council Meeting Packet AGENDA MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, October 09, 2023 City Hall, Council Chambers Meeting No. 19-23 A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE C. ROLL CALL D. APPROVAL OF AGENDA E. APPROVAL OF MINUTES 1. September 25, 2023 City Council Meeting Minutes F. APPOINTMENTS AND PRESENTATIONS 1. Administrative Presentations a. Council Calendar Update 2. Council Presentations 3. Swearing-In Ceremony for Firefighter/Paramedics Nick Cook, Tyson Sohrweide, Tanner Cook, Grady Nelson and John Hagen 4. Lights On! Program Presentation 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, 1375 Frost Avenue East 3. Resolutions Supporting Applications for Grants, 1310 Frost Avenue East 4. Agreement for Professional Services with Consultant Keith Streff 5. Local Lawful Gambling Permit for Ducks Unlimited, Unison Restaurant and Banquet, 1800 White Bear Avenue N 6. Resolution Amending Retiree Health Savings Plan and Adoption Agreement for Non- Union and Police Lieutenant Employees 7. Resolution Accepting the Labor-Management Committee’s Recommendation for 2024 Employee Insurance Benefits 8. Collective Bargaining Agreement with IAFF Captains a. 2022 Contract b. 2023 – 2025 Contract 9. Microsoft Software Subscription Renewal 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. Review of Applications for 2024 Charitable Gambling Funds 2. Snake Discovery, 831 Century Avenue North a. Conditional Use Permit Amendment Resolution b. Zoning Map Amendment Ordinance (Requires four votes) 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, September25, 2023 City Hall, Council Chambers Meeting No. 18-23 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. B.PLEDGE OF ALLEGIANCE Alley Paulsen led the council in the 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: Police Ride-along vemoved to approve the agenda as amended. CouncilmemberCa Seconded by CouncilmemberLee Ayes – All The motion passed. E.APPROVAL OF MINUTES 1.September 11, 2023 City CouncilWorkshop Meeting Minutes CouncilmemberJuenemannmoved to approve the September 11, 2023 City Council Workshop MeetingMinutes assubmitted. Seconded by CouncilmemberLeeAyes – All The motion passed. 2.September 11, 2023 City Council Meeting Minutes CouncilmemberJuenemannmoved to approve the September11, 2023 City CouncilMeeting Minutes assubmitted. Seconded by CouncilmemberCaveAyes – All September 25, 2023 City Council Meeting Minutes 1 Council Packet Page Number 1 of 187 E1 The motion passed. F.APPOINTMENTS AND PRESENTATIONS 1.Administrative Presentations a.Council Calendar Update Assistant City ManagerDarrowgave an update to the council calendar and reviewed other topics of concern or interest requested by councilmembers. 2.Council Presentations Ride-along Councilmember Lee participated in a ride-along with the Maplewood Police Department and shared his experience. 3.Swearing-In Ceremony for Two Police Officers Public Safety Director Bierdeman addressed the council and introduced OfficerEells. City Clerk Sindt administered the oath before the pinning of thebadge. Public Safety Director Bierdeman introduced Officer Xiong. City Clerk Sindt administered the oath before the pinning of thebadge. No action required. 4.Public Safety Unmanned Aerial Vehicle Program Update Public Safety Director Bierdeman introduced the item. Lieutenant Dugas gave the presentation. No action required. G.CONSENT AGENDA – Items on the Consent Agenda are considered routine and non- controversial and are approved by one motion of the council. If a councilmember requests additional information or wants to make a comment regarding an item, the vote should be held until the questions or comments are made then the single vote should be taken. If a councilmember objects to an item it should be removed and acted upon as a separate item. CouncilmemberLeemoved toapprove agenda items G1-G2. Seconded by CouncilmemberCave Ayes – All The motion passed. 1.Approval of Claims oved to approve the approval of claims. CouncilmemberLeem ACCOUNTS PAYABLE: $ 478,842.34 Checks # 111368 thru # 111382 September 25, 2023 City Council Meeting Minutes 2 Council Packet Page Number 2 of 187 E1 dated 9/12/23 $ 1,871,692.23 Checks # 111383thru # 111416 dated 9/19/23 $ 456,600.64 Disbursements via debits to checking account dated 09/04/23 thru 09/17/23 $ 2,807,135.21 Total Accounts Payable PAYROLL Payroll Checks and Direct Deposits $ 678,767.87 dated 9/15/23 $ 678,767.87 Total Payroll $ 3,485,903.08 GRAND TOTAL Seconded by CouncilmemberCaveAyes – All The motion passed. 2.Monitoring Well Agreement oved to enter into a Monitoring Well Agreement between 3M and the CouncilmemberLeem City of Maplewood for monitoring groundwater in the Battle Creek Area. The Mayor and City Manager are authorized to sign said agreement signifying Council approval. Minor revisions as approved by the City Attorney are authorized as needed. Seconded by CouncilmemberCaveAyes – 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 1.Resolution Adopting Assessment Roll, Myrtle-Sterling Area Street Improvements, City Project 22-16 Public Works Director Love gave the staff report. CouncilmemberJuenemannmoved to approvethe resolution Adopting Assessment Roll for the Myrtle-Sterling Area Street Improvements, City Project 22-16. Resolution 23-09-2250 September 25, 2023 City Council Meeting Minutes 3 Council Packet Page Number 3 of 187 E1 ADOPTING ASSESSMENT ROLL WHEREAS, pursuant to resolution passed by the City Council on August 14, 2023, calling for a Public Hearing, the assessment roll for the Myrtle-Sterling Area Street Improvements, City Project 22-16 was presented in a Public Hearing on September 11, 2023, pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, the following property owners have filed objections to their assessments according to the requirements of Minnesota Statutes, Chapter 429, summarized as follows: Street Number Street NameP.I.N. 2515Idaho Avenue242922120013 2291Kingston Avenue132922330072 2299Kingston Avenue132922330071 2306Kingston Avenue132922330075 2307Kingston Avenue132922330070 2314Kingston Avenue132922330076 2320Kingston Avenue132922330077 2323Kingston Avenue132922330068 2328Kingston Avenue132922330078 2331Kingston Avenue132922330067 2334Kingston Avenue132922330079 2339Kingston Avenue132922330066 2342Kingston Avenue132922330080 1746Lakewood Drive132922340003 1747Lakewood Drive132922340021 1754Lakewood Drive132922340005 1757Lakewood Drive132922340019 1758Lakewood Drive132922340006 1762Lakewood Drive132922340007 1763Lakewood Drive132922340018 1766Lakewood Drive132922340008 1767Lakewood Drive132922340017 1770Lakewood Drive132922340009 1771Lakewood Drive132922340016 1774Lakewood Drive132922340010 1777Lakewood Drive132922340015 1778Lakewood Drive132922340011 1783Lakewood Drive132922340014 1809Lakewood Drive132922320079 1815Lakewood Drive132922320080 1825Lakewood Drive132922320081 1845Lakewood Drive132922320083 1855Lakewood Drive132922320084 1863Lakewood Drive132922320085 1869Lakewood Drive132922320086 1887Lakewood Drive132922320034 1891Lakewood Drive132922320033 1895Lakewood Drive132922320002 September 25, 2023 City Council Meeting Minutes 4 Council Packet Page Number 4 of 187 E1 1571Mary Street242922210069 1594Mary Street242922210065 1617Mary Street242922210075 1748Myrtle Street132922340026 1749Myrtle Street132922340027 1752Myrtle Street132922330091 1753Myrtle Street132922330085 1757Myrtle Street132922330084 1760Myrtle Street132922330090 1761Myrtle Street132922330083 1765Myrtle Street132922330082 1768Myrtle Street132922330089 1769Myrtle Street132922330081 1774Myrtle Street132922330088 1806Myrtle Street132922320078 1807Myrtle Street132922320063 1815Myrtle Street132922320064 1818Myrtle Street132922320077 1835Myrtle Street132922320067 1841Myrtle Street132922320068 1847Myrtle Street132922320069 1848Myrtle Street132922320087 1855Myrtle Street132922320070 1858Myrtle Street132922320074 1861Myrtle Street132922320071 1867Myrtle Street132922320072 1888Myrtle Street132922320032 1895Myrtle Street132922320030 1900Myrtle Street132922320005 *1915Myrtle Street132922320007 1828Myrtle Street132922320076 1600Sterling Street242922120027 1601Sterling Street242922210049 1607Sterling Street242922210048 AND WHEREAS, staff carefully reviewed each of the written objections to determine whether any adjustments to the proposed assessment roll were warranted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: 1.Such proposed assessmentis hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. September 25, 2023 City Council Meeting Minutes 5 Council Packet Page Number 5 of 187 E1 2.That the City Engineer and City Clerk are hereby instructed to make the following adjustments to the assessment roll for the Myrtle-Sterling Area Street improvements, City Project 22-16: No adjustments are recommended as the properties that have filed objections are being assessed per the City of Maplewood Special Assessment Policy and these properties are benefitting from the improvements as confirmed by the special benefits appraisal. 3.The assessment roll for the Myrtle-Sterling Area StreetImprovements, hereby known as the 22-16 Assessment Roll dated 9-11-2023, is hereby adopted. Said assessment roll shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 4.Such assessments shall be payable in equal annual installments extending over a period of 15 years for residential properties and 8 years for commercial properties, the first installments to be payable on or before the first Monday in January 2024 and shall bear interest at the rate of 5.36percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2023. To each subsequent installment when due shall be added interest for one year on all unpaid installments. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, butno later than November 1, 2023, pay the whole of the assessment on such property, without interest, to the city clerk; and they may, at any time after November 15, 2023, pay to the county auditor the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. 5.The City Engineer and City Clerk shall forthwith after November 15, 2023, but no later than November 16, 2023, transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over the same manner as other municipal taxes. Seconded by CouncilmemberLee Ayes – All The motion passed. J.NEWBUSINESS None K.AWARD OF BIDS None L.ADJOURNMENT Mayor Abramsadjourned the meeting at7:33 p.m. September 25, 2023 City Council Meeting Minutes 6 Council Packet Page Number 6 of 187 F1a CITY COUNCIL STAFF REPORT Meeting DateOctober 9, 2023 REPORT TO: City Council REPORT FROM: Melinda Coleman, City Manager PRESENTER: Melinda Coleman, City Manager AGENDA ITEM: Council Calendar Update Action Requested: Motion Discussion Public Hearing Form of Action: Resolution Ordinance Contract/Agreement Proclamation Policy Issue: This item is informational and intended to provide the Council an indication on the current planning for upcoming agenda items and the Work Session schedule. These are not official announcements of the meetings, but a snapshot look at the upcoming meetings for the City Council to plan their calendars. Recommended Action: No motion needed. This is an informational item. Upcoming Agenda Items and Work Sessions Schedule: October 23: Workshop: Update on New Technology: MnDOT Presentation on Century Avenue Improvement Project Council Comments: Comments regarding Workshops, Council Meetings or other topics of concern or interest. 1. Research translating city policies (September 25, 2023) Council Schedule for Maplewood Living through May 2024: Issue Contributor Due Date Melinda November 13, 2023 December 2023 Abrams December 15, 2023 January 2024 Juenemann January 17, 2024 February 2024 Cave February 16, 2024 March 2024 Villavicencio March 15, 2024 April 2024 Lee April 17, 2024 May 2024 Council Packet Page Number 7 of 187 F1a 2023 Major Community Outreach Events Trunk or Treat {ğƷǒƩķğǤ hĭƷƚĬĻƩ ЋБͲ ЋЉЋЌ ΛЊ Α Ѝ ƦƒΜ City Hall Parking Lot Santa Parade Saturday December 9, 2023 (morning hours) City Wide Event Council Packet Page Number 8 of 187 F3 CITY COUNCILSTAFF REPORT Meeting Date October 9, 2023 REPORT TO:Melinda Coleman, City Manager REPORT FROM:Michael Mondor, Fire and EMS Chief PRESENTER:Michael Mondor, Fire and EMS Chief AGENDA ITEM:Swearing-In Ceremony for Firefighter/ParamedicsNick Cook, Tyson Sohrweide, Tanner Cook, Grady Nelson and John Hagen Action Requested:MotionDiscussionPublic Hearing Form of Action:ResolutionOrdinanceContract/AgreementProclamation Policy Issue: Firefighter/Paramedics Nick Cook, Tyson Sohrweide, Tanner Cook, Grady Nelson and John Hagen will be sworn in as they arebeginning oradvancing their careers with the Maplewood Fire Department. Recommended Action: For presentation purposes only. Fiscal Impact: Is There a Fiscal Impact?NoYes, the true or estimated cost is$0.00 Financing source(s):Adopted BudgetBudget ModificationNew Revenue Source Use of ReservesOther: N/A Strategic Plan Relevance: Community InclusivenessFinancial & Asset MgmtEnvironmental Stewardship Integrated CommunicationOperational EffectivenessTargeted Redevelopment N/A Background: field training. Firefighter/Paramedic Nick Cook: Firefighter Cook worked for the City of White Bear Lake for the prior two years, most recently serving as a full-time Firefighter/Paramedic.Nick previously worked for Allina EMS and has experience as a strength and conditioning coach for the University of North Carolina at Charlotte. where he also captained the football team.Nick earned his Paramedic Fire Science Degree from Century College in 2021.Nick was attracted to Maplewood Fire/EMS due to our leadership, culture Council Packet Page Number 9 of 187 F3 robust health and wellness program. Firefighter/Paramedic Tyson Sohrweide: Firefighter Sohrweide worked for the Duluth Fire Department for the past year, Tyson had previously for the City of Charleston, South Carolina Fire Department since 2014.Tyson earned his astern Kentucky University and his Paramedic Degree from Trident Technical University in South Carolina in 2018.Tyson was outreach and engagement and the opportunity to serve a community near where he grew up. Tyson grew up in White Bear Lake and is excited to return to Minnesota metro area. Firefighter/Paramedic Tanner Cook: Firefighter Cookhas previously served as a paramedic with Allina and has been a part-time Firefighter/Paramedic with the White Bear Lake Fire Department since 2020.Tanner earned his Paramedic Science Degree from Century College and also has a Fire Protection Technician Degree from Fox Valley Technical College.Tanner was drawn to Maplewood Fire because of the Firefighter/EMT Grady Nelson: Firefighter Nelson brings over seven years of local government administration experience in addition to his experience as a full-time firefighter/EMT with the City of Savage and as a part-time firefighter with the City of Red Wing where he also worked as a Business Process Analyst. Grady sconsin-River Falls and a reduction. Firefighter/ParamedicJohn Hagen: FirefighterHagen most recently worked for Regions Hospital and the Urgency Room as a Paramedic and also currently works for the Wyoming Fire Department.John also had experience working as a Paramedic for Lakes Region EMS and as a paid-on-call Captain for Scandia Fire and Rescue.John earned his associates degree from Century College in 2017.John was drawn to the region. Attachments: None Council Packet Page Number 10 of 187 F4 CITY COUNCIL STAFF REPORT Meeting Date October 9, 2023 Melinda Coleman, City Manager REPORT TO: REPORT FROM: Brian Bierdeman, Public Safety Director PRESENTER: Brian Bierdeman, Public Safety Director AGENDA ITEM: Presentation of the Lights On! Program Action Requested: MotionDiscussion Public Hearing Form of Action: Resolution OrdinanceContract/Agreement Proclamation Policy Issue: The Maplewood Police Department would like to partner with the Lights On! Program. Recommended Action: Motion to approve the Maplewood Police Department partnership with the Lights On! Program. 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 Implement problem-oriented policing strategies in order to reduce crime and increase public safety. Background: The Lights On! Program was created by MicroGrants, a Minnesota non-profit that works with partner agencies to promote and support economic self-sufficiency through strategic grants to low- income communities. Lights On! partners with law enforcement and auto service providers to replace traffic tickets with repair vouchers. The vouchers provide a free car bulb replacement, improve safety, and mitigate what often becomes a downward spiral for lower-income members of our communities. Lights On! turns the potential confrontation of the traffic stop into an opportunity to connect one-on-one in a productive, restorative experience. The Lights On! Program acknowledges that across many communities, a broken taillight or turn signal can trigger a chain reaction that could lead to destabilizing families. If someone is issued a citation for a broken vehicle light and they are unable to pay their fines, it can lead to a revoked Council Packet Page Number 11 of 187 F4 license, increased infractions or fines, and ultimately end up having a significantly negative impact on that person's life when the initial end state of the citation was to ensure the light got fixed to increase traffic safety. The Lights On! program will allow Maplewood Police Officers to issue a voucher for free repairs of any vehicle light via mail without having to make a traffic stop. This benefits the driver of the vehicle by eliminating the cost of the repair while simultaneously addressing the public safety issue of operating a vehicle with a broken light. The Maplewood Police Department is committed to finding productive and innovative solutions to addressing traffic safety within our community and are excited about this opportunity to provide safer roads without committing significant resources to minor violations. Attachments: None. Council Packet Page Number 12 of 187 G1 Council Packet Page Number 13 of 187 G1, Attachments Council Packet Page Number 14 of 187 G1, Attachments Council Packet Page Number 15 of 187 G1, Attachments Council Packet Page Number 16 of 187 G1, Attachments Council Packet Page Number 17 of 187 G1, Attachments Council Packet Page Number 18 of 187 G1, Attachments Council Packet Page Number 19 of 187 G1, Attachments Council Packet Page Number 20 of 187 G1, Attachments Council Packet Page Number 21 of 187 G1, Attachments Council Packet Page Number 22 of 187 G1, Attachments Council Packet Page Number 23 of 187 G1, Attachments Council Packet Page Number 24 of 187 G2 CITY COUNCILSTAFF REPORT Meeting Date October 9, 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, 1375 Frost AvenueEast Action Requested: MotionDiscussion Public Hearing Form of Action: Resolution OrdinanceContract/Agreement Proclamation Policy Issue: Beacon Interfaith Housing Collaborative is seeking City Council approval of resolutions supporting two applications to the Metropolitan Council and Ramsey County for environmental cleanup grants associated with the development of the property located at 1375 Frost Avenue East. On July 10, 2023, the City Council approved Beacon’s three-story, 40-unit multifamily apartment building, which will be built on the site of the former Gladstone House. Recommended Action: Motion to approve the resolutions of support for grant applications to the 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 25 of 187 G2 As part of implementing the Response Action Plan, the developer would like to seek available grant funding for environmental cleanup and oversight costs. The city is not being asked for, nor is it required, to match any dollars as part of these grant requests. A breakdown of the two grant requests to the partner agencies is listed below: Metropolitan Council’s Tax Base Revitalization Account fund for contaminated soil excavation, load, haul, disposal, and associated environmental oversight, testing, and consulting. Ramsey County Environmental Response Fund for contaminated soil excavation, load, haul, disposal, and vapor mitigation. Attached to this memo are resolutions that must be executed and submitted as part of each grant application. Attachments: 1.Overview Map 2.Resolution supporting an application to the Metropolitan Council’s Tax Base Revitalization Account fund 3.Resolution supporting an application to Ramsey County’s Environmental Response fund Council Packet Page Number 26 of 187 G2, Attachment 1 1375 Frost Avenue - Overview Map May 24, 2023 City of Maplewood 2000 1991 1968 1973 1965 1970 1960 1957 1955 1949 1954 1946 1960 19411945 1948 1315 1942 1351 1940 1938 1347 1321 1375 1321 1401 1313 1319 1317 1323 1927 1910 1344 1350 1426 1900 1380 1907 1310 1900 1897 1894 1896 1894 1893 1890 1899 1893 1880 1889 1880 1890 1889 1888 1890 1880 1881 1880 1880 1881 1880 1880 1879 1880 1878 1880 1874 1871 1872 1880 1880 1880 1865 Legend 1870 1866 1869 1870 1383 1864 Subject Property 0240 Feet 1856 1854 1855 Source: City of Maplewood, Ramsey County 1852 1851 Council Packet Page Number 27 of 187 G2, Attachment 2 RESOLUTION NO.____________ CITY OF MAPLEWOOD, MINNESOTA RESOLUTION AUTHORIZING APPLICATION FOR METROPOLITAN COUNCIL’S TAX BASE REVITALIZATION ACCOUNT FUNDS FOR BEACON INTERFAITH HOUSING COLLABORATIVE’S PROJECT AT 1375 FROST AVENUE 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 meets the Tax Base Revitalization Account’s purposes and criteria and is consistent with and promotes 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 Beacon Interfaith Housing Collaborative and city staff 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 no later than November 1, 2023. SIGNED: (Authorized Official) WITNESSED: ________________________________ ________________________ Mayor, October 9, 2023 City Clerk, October 9, 2023 Council Packet Page Number 28 of 187 G2, Attachment 3 RESOLUTION NO. __________ CITY OF MAPLEWOOD, MINNESOTA SUPPORT OF AN ENVIRONMENTAL RESPONSE FUND GRANT APPLICATION FOR BEACON INTERFAITH HOUSING COLLABORATIVE’S PROJECT AT 1375 FROST AVENUE EAST WHEREAS the City of Maplewood has been supportive of Beacon Interfaith Housing Collaborative and its plans for a 40-unit, three-story multi-family project at 1375 Frost Avenue East; therefore, BE IT FURTHER RESOLVED that the Maplewood City Council has approved Beacon Interfaith Housing Collaborative’s project and supports an Environmental Response Fund grant application, which is being submitted to Ramsey County no later than November 1st, 2023, by Beacon Interfaith Housing Collaborative. SIGNED: (Authorized Official) WITNESSED: ________________________________ ________________________ Mayor, October 9, 2023 City Clerk, October 9, 2023 Council Packet Page Number 29 of 187 G3 CITY COUNCILSTAFF REPORT Meeting Date October 9, 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 Grants, 1310Frost Avenue East Action Requested: MotionDiscussion Public Hearing Form of Action: Resolution OrdinanceContract/Agreement Proclamation Policy Issue: JB Vang is seeking City Council approval of resolutions supporting two applications to the State of Minnesota and Ramsey County for grants associated with the development of the property located at 1310 Frost Avenue East. On May 8, 2023, the City Council approved JB Vang’s four-story, 65- unit multifamily apartment building. Recommended Action: Motion to approve the resolutions of support for grant applications to the Minnesota Department of Employment and Economic Development’s Contamination Cleanup fund and Ramsey County’s Critical Corridors Development and Infrastructure fund. 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: 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. As part of implementing the Response Action Plan, the developer would like to seek available grant Council Packet Page Number 30 of 187 G3 funding for environmental cleanup and oversight costs. The city is not being asked for, nor is it required, to match any dollars as part of these grant requests. A breakdown of the two grant requests to the partner agencies is listed below: 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. Ramsey County Critical Corridors Development and Infrastructure to facilitate inclusive redevelopment and public infrastructure within transit, economic, and cultural corridors. Attached to this memo are resolutions that must be executed and submitted as part of each grant application. Attachments: 1.Overview Map 2.Resolution supporting an application to the Minnesota Department of Employment and Economic Development Contamination Cleanup fund 3.Resolution supporting an application to Ramsey County Critical Corridors Development and Infrastructure fund Council Packet Page Number 31 of 187 G3, Attachment 1 Location Map March 30, 2023 City of Maplewood Legend ! I 0475 Feet Source: City of Maplewood, Ramsey County Council Packet Page Number 32 of 187 G3, Attachment 2 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 JB VANG’S PROJECT AT 1310 FROST AVENUE 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) no later than November 1, 2023 by the City of Maplewood in partnership with JB Vang, for the 1310 Frost Avenue 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 the City of Maplewood act as the legal sponsor for the project contained in the Contamination Cleanup Grant Program to be submitted no later than November 1, 2023 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. BE IT FURTHER RESOLVED that the City of Maplewood 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 JB Vang 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 the City of Maplewood may enter into an agreement with the State of Minnesota for the above-referenced project, and that the City of Maplewood 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 October 9, 2023. SIGNED: (Authorized Official) WITNESSED: ________________________________ ________________________ Mayor, October 9, 2023 City Clerk, October 9, 2023 Council Packet Page Number 33 of 187 G3, Attachment 3 RESOLUTION NO. __________ CITY OF MAPLEWOOD, MINNESOTA SUPPORT OF CRITICAL CORRIDOR’S DEVELOPMENT AND INFRASTRUCTURE GRANT APPLICATION FOR JB VANG’S PROJECT AT 13 FROST AVENUE EAST WHEREAS the City of Maplewood has been supportive of JB Vang and its plans for a 65- unit, four-story multi-family project at 1310 Frost Avenue East; WHEREAS the Maplewood City Council approved a condition use permit and design plans for JB Vang’s project on May 8, 2023; therefore, BE IT FURTHER RESOLVED that the Maplewood City Council has approved JB Vang’s project and supports a critical corridors development and infrastructure grant application, which is being submitted to Ramsey County by JB Vang. SIGNED: (Authorized Official) WITNESSED: ________________________________ ________________________ Mayor, October 9, 2023 City Clerk, October 9, 2023 Council Packet Page Number 34 of 187 G4 CITY COUNCIL STAFF REPORT Meeting Date October 9, 2023 Melinda Coleman, City Manager REPORT TO: REPORT FROM: Brian Bierdeman, Public Safety Director PRESENTER: Brian Bierdeman, Public Safety Director AGENDA ITEM: Agreement for Professional Services with Consultant Keith Streff Action Requested: MotionDiscussion Public Hearing Form of Action: Resolution OrdinanceContract/Agreement Proclamation Policy Issue: City Council approval is requested to sign the contract with consultant Keith Streff for the purpose of serving as a hearing officer for administrative appeal hearings regarding dangerous and potentially dangerous dogs. Recommended Action: Motion to approve the Agreement for Professional Services with consultant Keith Streff. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is $200.00 per hearing. 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 Council approval is required to sign the agreement. Background: For the past few years, the Maplewood Police Department has partnered with the Animal Humane Society to conduct administrative appeal hearings for dangerous and potentially dangerous dog hearings, however the Animal Humane Society is no longer offering this service. Keith Streff has worked with the Animal Humane Society in the past and has conducted these hearings for the Maplewood Police Department on many occasions. This agreement is being offered to Keith Streff as a consultant to continue conducting these dangerous and potentially dangerous dog hearings for the Maplewood Police Department going forward. Attachments: 1.Agreement for Professional Services with consultant Keith Streff. Council Packet Page Number 35 of 187 G4, Attachment 1 AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT (the ÐAgreementÑ) is made and executed thisday o 2023 (the ÐEffective DateÑ), by and between the city of Maplewood, 1830 County Road B E, Minnesota 55109, (the ÐCityÑ) and Keith Streff, 4581 East Greenleaf Drive, Eagan, Minnesota 55123 (the ÐConsultantÑ). WHEREAS, the City has accepted the proposal of the Consultant for certain professional services; and WHEREAS, the Consultant desires to perform the services for the City under the terms and conditions set forth in this Agreement. NOW, THEREFORE, in consideration of the mutual consideration contained herein, the parties hereby agree as follows: 1.SERVICES. a. The City agrees to engage the Consultant as an independent contractor for the purpose of serving as a hearing officer for administrative appeals filed with the City pursuant to section 10-189 of the Maplewood City Code regarding dangerous and potentially dangerous dogs. In serving as a hearing officer for administrative appeals of a dangerous or potentially dangerous dog designation, the Consultant agrees to perform certain professional Services (ÐServicesÑ) for the City, as defined as follows: i. Upon the timely receipt of a written request for a hearing contesting the designation of a dog as dangerous or potentially dangerous, the City shall schedule a hearing and notify the Consultant of the date, time and location of the administrative appeal hearing and the parties involved in the case. Upon receiving notice of the administrative appeal hearing from the City, the Consultant shall immediately notify the City of any conflict with the parties involved or the date or time of the appeal hearing. ii.The Consultant shall preside over the administrative appeal hearing of a dangerous or potentially dangerous dog designation and conduct the appeal hearing according to the procedures outlined in section 10-189 of the Maplewood City Code. iii.The Consultant shall issue a written decision within 14 days of the administrative appeal hearing to either uphold, condition or overturn the designation based on the evidence presenting at the appeal hearing and according to the standards articulated under section 10-189 of the Maplewood City Code and Minnesota Statutes, sections 347.50 - 347.565. 1 MA745-5-906076.v1 Council Packet Page Number 36 of 187 G4, Attachment 1 2. PAYMENT. a. The City agrees to pay and the Consultant agrees to receive and accept payment for the Services as set forth in this Agreement. The Consultant shall receive two hundred dollars ($200.00) for each dangerous or potentially dangerous dog appeal hearing for which the Consultant serves as the hearing officer. b. Any changes in the scope of the work of the Services that may result in an increase to the compensation due the Consultant shall require prior written approval by the authorized representative of the City or by the City Council. The City will not pay additional compensation for Services for which prior written authorization has not been approved. c. The Consultant shall submit an itemized bill to the City upon the completion of each administrative appeal hearing conducted pursuant to this Agreement for payment of any additional compensation owed by the City pursuant to Section 2(b) of this Agreement. Bills submitted to the City shall be paid in the same manner as other claims made to the City. 3. TERM. The term of this Agreement shall commence on the Effective Date and shall terminate pursuant to Section 4 of this Agreement. 4. TERMINATION. a.Termination for Cause. This Agreement may be terminated by either party upon written notice in the event of substantial failure by the other party to perform in accordance with the terms of this Agreement. The non-performing party shall have 15 calendar days from the date of the termination notice to cure or to submit a plan for cure that is acceptable to the other party. b.Termination without Cause. This Agreement may be terminated by either party for any reason upon 90 days' written notice delivered to the other party to the addresses listed in Section 13 of this Agreement. Upon termination under this provision, if there is no default by the Consultant, the Consultant shall be paid for Services rendered and reimbursable expenses until the effective date of termination. 5. SUBCONTRACTORS. The Consultant shall not enter into subcontracts for any of the Services provided for in this Agreement without the express written consent of the City. The Consultant shall pay any subcontractor involved in the performance of this Agreement within the 10 days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. 2 MA745-5-906076.v1 Council Packet Page Number 37 of 187 G4, Attachment 1 6.STANDARD OF CARE. In performing Services, the Consultant will use that degree of care and skill ordinarily exercised, under similar circumstances, by reputable members of his profession in the same locality at the time the Services are provided. No warranty, express or implied, is made or intended by the Consultant's undertaking herein or his performance of Services. 7. DELAY IN PERFORMANCE. Neither the City nor the Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the nonperforming party. For purposes of this Agreement, such circumstances include, but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war, riots, and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage; judicial restraint; and inability to procure authorizations from any local, state, or federal agency for any of the services required to be provided by either the City or the Consultant under this Agreement. If such circumstances occur, the nonperforming party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. 8. CITY'S REPRESENTATIVE. The City has designated Lieutenant Michael Dugas to act as the City's representative with respect to the Services to be performed under this Agreement. The CityÓs representative shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the Services covered by this Agreement. 9.CONSULTANT'S REPRESENTATIVE. The Consultant shall personally be the primary contact for the City in the performance of the Services. 10.INDEMNIFICATION. The Consultant and the City each agree to indemnify, and hold harmless each other, its agents and employees, from and against legal liability for all claims, losses, damages, and expenses to the extent such claims, losses, damages, or expenses are caused by its negligent acts, errors, or omissions. In the event claims, losses, damages, or expenses are caused by the joint or concurrent negligence of the Consultant and the City, they shall be borne by each party in proportion to its own negligence. 11.OWNERSHIP OF DOCUMENTS. Professional documents, drawings, and specifications prepared by the Consultant as part of the Services shall become the property of the City when the Consultant has been compensated for all Services rendered; provided, however, that the Consultant shall have the unrestricted right to their use. The Consultant shall retain rights in his standard drawing details, specifications, databases, computer software, and other proprietary property. Rights to proprietary intellectual property 3 MA745-5-906076.v1 Council Packet Page Number 38 of 187 G4, Attachment 1 developed, utilized, or modified in the performance of the Services shall remain the property of the Consultant. 12.CONFIDENTIALITY. To perform the Services under this Agreement, the City may disclose and the Consultant may be in possession of certain information or data that is confidential. Confidential information means any information or data that is designated as confidential, private or protected non-public by Minnesota Statutes, Chapter 13 or applicable federal law. The Consultant agrees to use any confidential it receives solely in connection with the Services provided under this Agreement and not for any purpose other than as authorized by this Agreement or without prior written authorization of the City. All use of confidential information by the Consultant shall be for the benefit of the City and in compliance with Minnesota Statutes, Chapter 13. No other right or license, weather express or implied, in any confidential information is granted to Consultant under this Agreement. 13.NOTICES. Notices shall be communicated to the following addresses: If to the City: City of Maplewood 1830 County Road B E Maplewood, MN 55109 Attention: Lieutenant Michael Dugas If to the Consultant: Keith Streff 4581 East Greenleaf Dr. Eagan, MN 55123 Or emailed: kpstreff@gmail.com 14.INDEPENDENT CONTRACTOR STATUS. All services provided by the Consultant pursuant to this Agreement shall be provided as an independent contractor and not an employee of the City for any purpose. 15.GENERAL PROVISIONS. a.Assignment. This Agreement is not assignable without the mutual written agreement of the parties. b.Waiver. A waiver by either the City or the Consultant of any breach of this Agreement must be in writing. Such a waiver shall not affect the waiving party's rights with respect to any other or further breach. c.Governing Law. This Agreement shall be construed in accordance with the laws of Minnesota and any action must be venued in Ramsey County District Court. 4 MA745-5-906076.v1 Council Packet Page Number 39 of 187 G4, Attachment 1 d.Severability. If any term of this Agreement is found be void or invalid, such invalidity shall not affect the remaining terms of this Agreement, which shall continue in full force and effect. e.Entire Agreement. This Agreement constitutes the entire agreement between the parties and supersedes all prior communications, understandings and agreements relating to the subject matter hereof, whether oral or written. * * * * * * * * 5 MA745-5-906076.v1 Council Packet Page Number 40 of 187 G4, Attachment 1 CITY OF MAPLEWOOD By: Marylee Abrams, Mayor By: Melinda Coleman, City Manager Date: 6 MA745-5-906076.v1 Council Packet Page Number 41 of 187 G4, Attachment 1 CONSULTANT By: Keith Streff Date: 7 MA745-5-906076.v1 Council Packet Page Number 42 of 187 G5 CITY COUNCILSTAFF REPORT Meeting Date October 9, 2023 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Andrea Sindt, City Clerk Christine Evans, Deputy City Clerk PRESENTER:Andrea Sindt, City Clerk AGENDA ITEM: Local Lawful Gambling Permit for Ducks Unlimited, Unison Restaurant and Banquet, 1800 White Bear Avenue N Action Requested: Motion Discussion Public Hearing Form of Action: Resolution Ordinance Contract/Agreement Proclamation Policy Issue: A request for a Local Lawful Gambling permit has been submitted by Ducks Unlimited Capitol Chapter MN253. Approval of the request would allow lawful gambling activity to be conducted during the organization’s Hunters Extravaganza held at Unison Restaurant and Banquet, 1800 White Bear Avenue N. on November 1, 2023. Recommended Action: Motion to approve the Local Lawful Gambling permit for Ducks Unlimited Capitol Chapter MN253, for their event on November 1, 2023 at Unison Restaurant and Banquet, 1800 White Bear Avenue N. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is 0.00 Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: na Strategic Plan Relevance: Community Inclusiveness Financial & Asset Mgmt Environmental Stewardship Integrated Communication Operational Effectiveness Targeted Redevelopment Council approval is required prior to issuance of a local gambling permit, per City Code Sec. 22-12. Background: Lawful gambling activity conducted at this event is exempt from state licensure under MN §349.166. MN §349.213 authorizes cities to require a local permit for conduct of lawful gambling exempt from state licensing requirements. Attachments: None Council Packet Page Number 43 of 187 G6 CITY COUNCIL STAFF REPORT Meeting Date October 9, 2023 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Terrie Rameaux, Human Resource Coordinator PRESENTER: Mike Darrow, Assistant City Manager/HR Director AGENDA ITEM: Resolution Amending Retiree Health Savings Plan and Adoption Agreement for Non-Union and Police Lieutenant Employees Action Requested: Motion Discussion Public Hearing Form of Action: Resolution Ordinance Contract/Agreement Proclamation Policy Issue: The City has adopted several MissionSquare Retiree Health Savings Plans (RHS) over the past few years. The newly created Police Lieutenants group is requesting to become part of the Non-Union plan. Recommended Action: Motion to approve the resolution amending the Retiree Health Savings Plan and Adoption Agreement for Non-Union and Police Lieutenant Employees. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is n/a 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 n/a Background: Retiree Health Savings plans are a tax-savings plan used for IRS defined Section 213 out-of-pocket medical expenses, funded by employee contributions in several ways--by way of bi-weekly wage contributions, annual contributions of unused PTO, personal holidays on an annual basis, and/or accrued unused PTO/personal holiday hours when an employee leaves employment with Maplewood. There is no budget impact to the City. Previous to the Police Lieutenants forming their own collective bargaining group, they were part of MCSAÏMaplewood Confidential and Supervisory Association. Since the decertification of MCSA, all of the employees associated with MCSA became non-union employees. The RHS plan being Council Packet Page Number 44 of 187 G6 amended covers non-union employees. However, with the Lieutenants forming a new collective bargaining group, they then became excluded from the Non-Union RHS plan. The Lieutenants have negotiated an RHS plan to be consistent with the Non-Union RHS plan. MissionSquare, our plan administrator for the CityÓs RHS plan, requires an amended adoption agreement as well as a resolution approving the addition of the Lieutenants group to the Non-Union RHS plan. Attachments: 1. Resolution 2. MissionSquare RHS Adoption Agreement 3. RHS Plan Council Packet Page Number 45 of 187 G6, Attachment 1 RESOLUTIONFOR AMENDMENT OFTHE MISSIONSQUARE RETIREMENT HEALTH SAVINGS (RHS) PROGRAM Plan: 800183 Name of Employer: City of Maplewood State: Minnesota Resolution of the above-named Employer (the “Employer”): WHEREAS, the Employer has employees rendering valuable services, and WHEREAS, the amendment of its existing retiree health savings plan for such employees services the interest of the Employer and Employees. NOW, THEREFORE BE IT RESOLVED, that the Employer hereby amends the Plan in the form of MissionSquare’s Retiree Health Savings (RHS) Program. I, Andrea Sindt, Clerk of the City of Maplewood, do hereby certify that the foregoing th resolution was duly passed and adopted at a regular meeting thereof assembled this 9 day of October, 2023, by the Maplewood City Council. City Clerk: ____________________________ Council Packet Page Number 46 of 187 G6, Attachment 2 Council Packet Page Number 47 of 187 G6, Attachment 2 Council Packet Page Number 48 of 187 G6, Attachment 2 Council Packet Page Number 49 of 187 G6, Attachment 2 Council Packet Page Number 50 of 187 G6, Attachment 2 Council Packet Page Number 51 of 187 G6, Attachment 2 Council Packet Page Number 52 of 187 G6, Attachment 2 Council Packet Page Number 53 of 187 G6, Attachment 2 Council Packet Page Number 54 of 187 G6, Attachment 3 RHS PLAN FOR MAPLEWOOD NON-UNION & POLICE LIEUTENANT EMPLOYEES 1.Participant and benefit eligibility criteria: Must be full-time employee, no minimum or maximum age and no years of service requirement. 2.Benefits will be limited to insurance premiums (health, dental, vision and long-term care premiums, Medicare Part B, Medicare Part D, Medicare supplements and other prescription drug insurance premiums) and out-of-pocket expenses described as eligible by the IRS. 3.The RHS plan will be funded by severance pay as follows: a.50% of eligible severance pay for sick leave and deferred sick leave would be deposited into the RHS plan if the employee is age 50 or above at the time of separation from service. The remaining 50% of eligible severance pay for sick leave and deferred sick leave would not go into the RHS and would be cashed out at time of separation. b.50% of accrued annual leave and personal holidays would be deposited into the RHS plan if the employee’s balance is at least 80 hours at the time of separation from service and the employee is at least age 50. The remaining 50% of accrued annual leave and personal holidays would not go into the RHS and would be cashed out at time of separation. If under 80 hours or under age 50, nothing would go in. c.50% of accrued vacation and personal holidays would be deposited into the RHS plan if the employee is at least age 50 and their vacation balance is at least 80 hours at the time of separation from service. The remaining 50% of accrued vacation and personal holidays would not go into the RHS and would be cashed out at time of separation. If under 80 hours or age 50, nothing would go in. 4.The RHS plan will be funded with annual deposits as follows: a.Employees who are eligible for annual leave and are at least age 50, will have the cash value of 16 hours of annual accrued but unused annual leave deposited into the RHS plan if the annual leave balance is at least 240 hours on the last payroll in December. In addition, there would be an annual deposit of the cash value of all hours over 300 hours - as of the last payroll in December. (Under the first part of this provision, if an employee uses all of their annual accrual in a particular year, nothing will go into the plan that year. If they use all but 10 hours, the 10 would go in.) b.Employees of any age will have the cash value of all vacation hours in excess of the carryover limit (1.5 times annual accrual) deposited into the RHS plan. (If an employee uses all the vacation they earn that year or their balance did not exceed the carryover limit, nothing would go in.) c.All employees will have the cash value of all personal holiday hours unused as of December 31 deposited into the RHS plan. Council Packet Page Number 55 of 187 G7 CITY COUNCIL STAFF REPORT Meeting Date October 9, 2023 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Terrie Rameaux, Human Resource Coordinator PRESENTER: Mike Darrow, Assistant City Manager/HR Director AGENDA ITEM: Resolution Accepting the Labor-Management CommitteeÓs Recommendation for 2024 Employee Insurance Benefits Action Requested: MotionDiscussion Public Hearing Form of Action: Resolution OrdinanceContract/Agreement Proclamation Policy Issue: The Labor-Management Committee met, reviewed and discussed the renewal information from all providers as well as discussion regarding design plan changes and an HSA for 2024. Consensus from the Labor-Management Committee is to recommend approval of all employee benefits and renewals for 2024. Recommended Action: Motion to approve the resolution affirming recommendations from the Labor-Management Committee for all 2024 employee insurance benefits. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is $43,852 Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: There will be an estimated decrease in health insurance premiums for 2024 of approximately $7,647, based on current enrollment numbers and plan populations. However, with the proposed increase to City contributions to the HRA and new HSA, thereÓs an estimated increase of $51,300. This results in an estimated overall increase of $43,652. The City had planned for a larger increase in health insurance for the 2024 budget. There is a very small increase to city-paid dental, less than $200 for the year. No other increase in any other city-paid benefits. Strategic Plan Relevance: Community InclusivenessFinancial & Asset MgmtEnvironmental Stewardship Integrated Communication Operational EffectivenessTargeted Redevelopment Keeping benefit costs affordable allows the City to effectively recruit and retain qualified employees in a financially sustainable manner. Council Packet Page Number 56 of 187 G7 Background: Health Insurance: Medica is our current health insurance provider. The renewal initially came in at 15.2%. NFP, our benefits consultant for health insurance, recommended that the city do an RFP to see how other carriers might come in. This would also apply pressure to Medica to improve the renewal. The RFP also requested proposals for adding an HSA option along with our existing HRA plans. Because of federally mandated requirements, when adding an HSA, the high deductible plan design must change to $3,200 single/$6,400 family. Our current HRA plan design is $2,500 single/$5,000 family. This plan design for the HRA is becoming obsolete in the industry. By changing our HRA plan design to mirror the HSA plan, the city would save approximately $89,115 in annual premiums, based on current enrollment numbers. Similar to last year, HealthPartners came in at the lowest overall renewal; however, they do not provide the same wellness platform, options and incentives or EAP that Medica currently provides as part of their entire program. In order to maintain the level of wellness participation by City employees and keep them engaged, which is approximately 86%, the City would need to purchase wellness Ðadd-onsÑ in the amount of approximately $63,442. Also, HealthPartners only offers two networks, where Medica offers three networks. Ultimately, comparing the information utilizing our current HRA enrollment numbers and a plan design change to $3,200 single/$6,400 family, the Labor-Management Committee agreed staying with Medica and changing our plan design for both the HRA and the new HSA to $3,200 single/$6,400 family would be the best option financially. Whether employees stay with the current HRA or move to the HSA plan, plus the $15 per employee contribution towards their health insurance, there is still a savings to the City with a new plan design change. Medica is also providing a $30,000 wellness credit for added savings for 2024 along with a 12% rate cap for 2025. The City is proposing increasing City HRA/HSA contributions for 2024 and removing the tiered HRA contributions (hired before or after 1/1/2013) and provide the same contribution amounts for single and family, respectively, across the board for both plans. The proposed City contribution amounts will be $2,100 single and $3,400 family for 2024. This is an estimated increase of $51,300 from the current HRA contributions. There is a proposed increase of $200 for each level for 2025. The Labor-Management Committee agreed to this proposal and recommends staying with Medica, making the plan design changes and increasing the HRA/HSA City contributions. Dental Insurance: The City currently is a self-funded plan through Delta Dental. Based on the recommendation from NFP who reviewed our current claims experience as well as projected claims through the remainder of 2023, The Finance Department recommends a small increase of $.06 to the City-paid employee premium, as well as to the other levels of dental coverage, which are employee paid, in an effort to maintain a healthy account fund balance moving forward. The Labor-Management Committee agreed to these proposed increases. Medical Flex Spending (FSA) and Dependent Care Reimbursement Program (DCRP): OPTUM is the provider that administers the CityÓs medical flex spending and dependent care. No change to this carrier. However, the Labor-Management Committee recommends increasing the employee contribution from the current $2,850 annually to the new 2024 IRS max contribution of $3,200 annually. We will also be adding a Limited Scope FSA, same annual limit of $3,200, which works strictly with the HSA plan. We will also be partnering with OPTUM for the new Health Savings Account (HSA), at the recommendation of NFP. Council Packet Page Number 57 of 187 G7 The Labor-Management Committee agreed to these recommendations. Ancillary BenefitsÏ Integrity Employee Benefits (IEB) is our consultant for ancillary benefitsÏlife insurance, short- term and long-term disability, and voluntary vision care. Lincoln Financial is the carrier for the CityÓs life insurance, short-term and long-term disability insurance. The premiums remain unchanged for these coverages for 2024. Avesis provides voluntary vision insurance to employees for glasses and contacts. The premiums remain unchanged for 2024. Colonial Life provides voluntary coverage for group accident, cancer/critical illness and hospital confinement indemnity insurance. The premiums remain unchanged for these plans for 2024. LegalShield provides voluntary legal and ID theft plans for an employee and their family members. The premiums remain unchanged for these plans for 2024. The Labor-Management Committee recommends continuing with the designated providers for these ancillary benefits for 2024. Attachments: 1. Resolution Affirming Recommendations of the Labor-Management Committee Council Packet Page Number 58 of 187 G7, Attachment 1 RESOLUTION WHEREAS, The Labor-Management Committee met, reviewed and discussed the renewal information from all providers; and WHEREAS, Consensus from the Labor-Management Committee is to recommend approval of all employee benefits and renewals for 2024; and WHEREAS, funding for the plan renewals is reflected in the Maplewood 2024 Proposed Budget. THEREFORE, BE IT RESOLVED that the Maplewood City Council hereby affirms the recommendations of the Labor-Management Committee regarding 2024 employee insurance benefits for the City of Maplewood. th Approved this 9 day of October, 2023. Council Packet Page Number 59 of 187 G8 CITY COUNCIL STAFF REPORT Meeting Date October 9, 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 IAFF Captains a. 2022 Contract b. 2023 Î 2025 Contract Action Requested: Motion Discussion Public Hearing Form of Action: Resolution Ordinance Contract/Agreement Proclamation Policy Issue: The existing union contract for IAFF Fire Captains expired on December 31, 2021. Staff recommends the City Council approve two collective bargaining agreements with the Fire captains: a one-year agreement for 2022 and a three-year agreement for 2023 Î 2025. Recommended Action: a. Motion to approve the 2022 Collective Bargaining Agreement between the City of Maplewood and IAFF Fire Captains and authorize the Mayor and City Manager to execute the contract on behalf of the City. b. Motion to approve the 2023 - 2025 Collective Bargaining Agreement between the City of Maplewood and IAFF Fire Captains 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 $49,431 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: Council Packet Page Number 60 of 187 G8 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. 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 IAFF Fire Captains (2022) Collective Bargaining Agreement 2. Redline Draft of IAFF Fire Captains (2023 - 2025) Collective Bargaining Agreement Council Packet Page Number 61 of 187 G8, Attachment 1 COLLECTIVE BARGAINING AGREEMENT BETWEEN CITY OF MAPLEWOOD, MN AND INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS - FIRE FIGHTERS LOCAL 4470 Î O Fire Officers January 1, 2021 2022 through December 31, 2021 2022 Council Packet Page Number 62 of 187 G8, Attachment 1 Table of Contents ARTICLE I PURPOSE AND INTENT .............................................................. 2 ARTICLE II RECOGNITION ............................................................................. 2 ARTICLE III DEFINITIONS ............................................................................... 2 ARTICLE IV ASSOCIATION SECURITY .......................................................... 3 ARTICLE V EMPLOYER AUTHORITY ............................................................ 4 ARTICLE VI GRIEVANCE PROCEDURE ........................................................ 4 ARTICLE VII NON-DISCRIMINATION .............................................................. 6 ARTICLE VIII SENIORITY ............................................................................... 67 ARTICLE IX ANNUAL LEAVE ......................................................................... 8 ARTICLE X INSURANCE ............................................................................... 9 ARTICLE XI CLOTHING AND EQUIPMENT ................................................. 12 ARTICLE XII HOURS .................................................................................... 12 ARTICLE XIII HOLIDAYS ............................................................................... 14 ARTICLE XIV TUITION REIMBURSEMENT ................................................... 15 ARTICLE XV DISCIPLINE .............................................................................. 15 ARTICLE XVI WAGES ..................................................................................... 16 ARTICLE XVII INJURY ON DUTY - SALARY CONTINUATION .................. 1717 ARTICLE XVIII WORKING OUT OF CLASSIFICATION ............................... 1818 ARTICLE XIX BEREAVEMENT/FUNERAL LEAVEÈÈÈÈÈÈÈÈÈÈÈ 19 ARTICLE XIX WAIVER AND SAVINGS CLAUSEÈÈÈÈÈÈÈÈÈ.. 1818 Council Packet Page Number 63 of 187 G8, Attachment 1 ARTICLE I PURPOSE AND INTENT This Agreement entered into as of January 1, 2021 2022 between the City of Maplewood, Formatted: Justified Minnesota, Municipal Corporation, hereinafter called ÐEMPLOYERÑ and /or ÐCityÑ, and the International Association of Firefighters, Fire Officers, Local 4470-O hereinafter called the ÐASSOCIATIONÑ and/or ÐUnionÑ and/or ÐCollective Bargaining GroupÑ and/or ÐGroup.Ñ It is the intent and purpose of this agreement to: 1.1 Establish certain hours, wages and other conditions of employment; Formatted: Justified 1.2 Establish procedures for the equitable and peaceful resolution of disputes concerning this agreementÓs interpretation and/or application; 1.3 Specify the full and complete understanding of the parties; and 1.4 Place in written form the partiesÓ agreement upon terms and conditions of employment for the duration of this agreement. The Employer and the Collective Bargaining Group through this agreement, continue their dedication to the highest quality public service. Both Parties recognize this agreement as a pledge of this dedication. ARTICLE II RECOGNITION 2.1 The EMPLOYER recognizes the ASSOCIATION as the Exclusive Representative for the following classifications: Fire Captain Î EMT Fire Captain Î Paramedic Formatted: Justified 2.2 In the event the EMPLOYER and the ASSOCIATION are unable to agree as to the Formatted: Justified, Tab stops: Not at 0.25" inclusion or exclusion of a new or modified job class, the issue shall be submitted to the Bureau of Mediation Services for determination. ARTICLE III DEFINITIONS Formatted: Justified 3.1 Association: International Association of Fire Fighters, Local 4470-O. 3.2 Association Member: A Member in good standing of Local 4470-O, IAFF. 3.3 Bargaining Unit Seniority: Seniority as a Member of this Bargaining Unit. 3.4 Continuous Service: Unceasing service from last date of hire, including approved paid leaves of absence and unpaid leaves of less than one pay period. 3.5 Days: Unless otherwise indicated, days mean calendar days. 3.6 Emergency Call Back: Immediate return of an employee to perform assigned duties at the express authorization of the EMPLOYER at a time other than regular assigned shift. An extension of, or early report to, a regular assigned shift is not a call back 2 Council Packet Page Number 64 of 187 G8, Attachment 1 3.7 Employee: A member of the International Association of Fire Fighters, Local 4470, covered by this AGREEMENT. 3.8 Employer: City of Maplewood, Minnesota. 3.9 Job Class Seniority: EmployeeÓs length of continuous service in a job class. 3.10 Layoff: Separation from service with the EMPLOYER, necessitated by lack of work, lack of funds, or other reasons without reference to competence, misconduct, or other behavioral considerations. 3.11 Leave of Absence: An approved absence from work duty during a scheduled Formatted: Justified work period with or without compensation. 3.12 Meal Break: A period during the scheduled shift during which the Employee remains on continual duty, not conducting the regular tasks and responsibilities of the position, however is available in the event activity would dictate their immediate return to duty. 3.13 Probationary Period: The first twelve (12) months of service of a newly hired or rehired Employee. 3.14 Promotion: A change of an Employee from a position in one job classification to a position in another job classification with higher maximum compensation. Assignments are not promotions and are temporary in nature at the discretion of the Fire Chief. 3.15 Rest Break: Periods during the scheduled shift during which the Employee remains on continual duty, not conducting the regular tasks and responsibilities of the position, however is available and in close proximity, in the event activity would dictate their immediate return to duty. 3.16 Scheduled Shift: A consecutive work period including rest breaks and a meal break. 3.18 Strike: Concerted action in failing to report for duty, the willful absence from oneÓs position, the stoppage of work, slow-down, or abstinence in whole or in part from the full, faithful and proper performance of the duties of employment for the purposes of inducing, influencing, or coercing a change in the conditions or compensation or the rights, privileges or obligations of employment. ARTICLE IV ASSOCIATION SECURITY 4.1 In recognition of the ASSOCIATION as the certified exclusive representative of the Formatted: Justified listed classifications of personnel specified in 2.1, the EMPLOYER shall deduct from the wages of employees, such a deduction an amount sufficient to provide payment of dues established by the ASSOCIATION. Such monies shall be divided equally between the first and second pay-period of the month and shall be remitted to the appropriate designated Officer of the ASSOCIATION. Dues appeals or challenges may be filed in accordance with State Statute. 3 Council Packet Page Number 65 of 187 G8, Attachment 1 4.2 The ASSOCIATION may designate two employees plus one alternate from the Formatted: Justified bargaining unit to act as steward and representatives and shall inform the EMPLOYER in writing of such choices within thirty (30) days of such selection. 4.3 The EMPLOYER shall make space available on a bulletin board for posting ASSOCIATION notices and announcements. 4.4 Officers of the ASSOCIATION shall be allowed reasonable time off without pay, with prior approval of their immediate supervisor for the purpose of conducting ASSOCIATION business as provided by State Statute, when such time away from their normal work duties will not unduly interfere with the operation of the department. Officers of the ASSOCIATION shall be allowed leaves of absence without pay, when requested, to fulfill their duties as ASSOCIATION Officers as allowed by State Statute. 4.5 The ASSOCIATION agrees to indemnify and hold the EMPLOYER harmless against any and all claims, suits, orders, or judgments brought or issued against the EMPLOYER as a result of any action taken or not taken by the EMPLOYER in accordance with the provisions of this Article. ARTICLE V EMPLOYER AUTHORITY 5.1 The EMPLOYER retains the full and unrestricted right to operate and manage all Formatted: Justified staff, facility and equipment; to establish functions and programs; to set and amend policies, procedures and budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct and determine the number of personnel; to establish work schedules, and perform any inherent managerial function not specifically limited by this AGREEMENT. 5.2 The ASSOCIATION agrees that any managerial right not specifically limited by this AGREEMENT shall remain solely within the discretion of the EMPLOYER. 5.3 The ASSOCIATION agrees that during the life of this AGREEMENT that the ASSOCIATION will not cause, encourage, participate in, or support any strike, slowdown, or other interruption of, or interference with, the normal functions of the EMPLOYER. ARTICLE VI GRIEVANCE PROCEDURE 6.1 For purpose of this AGREEMENT, the term ÐgrievanceÑ means any dispute Formatted: Justified between the EMPLOYER and the Employee(s) concerning the interpretation or application of the specific terms and conditions of this AGREEMENT. Both parties recognize that should a provision of this AGREEMENT be specifically in conflict with an Employment Rule, this AGREEMENT shall prevail; any Employment Rule not directly modified or abridged by this AGREEMENT shall remain in full force. The EMPLOYER and the ASSOCIATION agree to the following grievance procedure. Each step of the procedure shall be strictly adhered to or the grievance shall be deemed withdrawn. 6.2 First Step: The Employee, with or without the Steward, shall take up the grievance or dispute with the EmployeeÓs immediate supervisor within twenty-one (21) days 4 Council Packet Page Number 66 of 187 G8, Attachment 1 of the date of the grievance or the EmployeeÓs knowledge of its occurrence. The Supervisor shall attempt to resolve the matter and shall respond to the Employee within ten (10) days. If the immediate supervisor is the Department Head, the grievance procedure shall begin at the second step. 6.3 Second Step: If the grievance is not resolved in the first step, the ASSOCIATION Formatted: Justified shall present the grievance, in writing, to the Department Head within fourteen (14) days after the SupervisorÓs response is due. All grievances shall state the facts upon which they are based, when they occurred, the specific provision(s) of the AGREEMENT allegedly violated, the remedy requested, the avenue through which redress is sought, and shall be signed by an Officer of the Local. References to Officer of the Local for the purposes of this Article shall mean; the President, Vice- President or Steward. If such written request is made, the Department Head, or his/her designee, shall meet with the Employee and the Steward within fourteen (14) days after the date of receipt of this request. The Department Head shall give a written answer to the Steward within fourteen (14) days after the meeting. 6.4 Third Step: If the grievance is not resolved in the Second Step, the ASSOCIATION shall notify the City Manager of their desire to appeal the grievance. Said written appeal must be served upon the City Manager within twenty-one (21) days after receipt of the Department HeadÓs Second Step response. If such request is made, the grievance shall be reviewed at a meeting between the City Manager, management staff determined by the City Manager as necessary, Association President, and/or Representative, within fifteen (15) days after receipt by the City Manager of the notice of desire to appeal. A written answer shall be given by the City Manager within fifteen (15) days after the date of the Third Step meeting. Any grievance not appealed, in writing, to Step Four by the ASSOCIATION, shall be considered withdrawn. 6.5 Fourth Step: If both parties, having exhausted the grievance steps provided herein, cannot settle the grievance, the ASSOCIATION may submit the issue in dispute to binding arbitration within fifteen (15) days of receipt of the Third Step answer and shall notify the City Manager, in writing, of its intent to do so. The ASSOCIATION will request the Minnesota Bureau of Mediation Services to submit a list of seven (7) names from which the parties shall, within fourteen (14) days after receipt of such list, select the arbitrator by striking alternately one name each and the remaining person shall be the arbitrator. A toss of the coin shall determine who shall strike the first name. 6.6 An arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract Formatted: Justified from the provisions of this AGREEMENT. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the EMPLOYER and the ASSOCIATION and shall have no authority to make a decision on any other issue not so submitted. The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modifying or varying in any way the application of laws, rules or regulations having the force or effect of law. The arbitrator shall submit their decision in writing within thirty (30) days following the close of the hearing or the submission of briefs by the parties, whichever is later, unless the parties agree to an extension. 5 Council Packet Page Number 67 of 187 G8, Attachment 1 6.7 The fees and expenses for the arbitratorÓs service and proceedings shall be borne equally between the parties, except that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings, the cost shall be borne equally for said record. 6.8 If a grievance is not presented within the time limits set forth above, it shall be considered withdrawn. If a grievance is not appealed to the next step within the time limit or any agreed extension thereof, it shall be considered settled on the basis of the EMPLOYERÓS last answer. If the EMPLOYER does not answer a grievance or an appeal thereof within the specified time limits, the ASSOCIATION may elect to treat the grievance as denied at that step and may appeal the grievance to the next step. The time limit in each step may be extended only by mutual agreement of the EMPLOYER and the ASSOCIATION in each step. 6.9 Should a grievance involve the suspension, demotion, or discharge of an Formatted: Justified Employee who has completed the required probationary period, the grievance shall be initiated at Step Three. If appealed to the procedure outlined in Step Three a written appeal must be served on the City Manager within ten (10) days after the EmployeeÓs receipt of the notice of suspension, demotion, or discharge. An Employee pursuing a statutory remedy is precluded from also pursuing an appeal under this procedure unless otherwise required by law. Selection of any procedure other than Step three shall terminate the EmployeeÓs right to seek redress under this Article. 6.10 It is recognized and accepted by the ASSOCIATION and the EMPLOYER that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the Employees and shall therefore be accomplished during normal working hours, only when consistent with such EmployeeÓs duties and responsibilities. The aggrieved Employee and the Steward shall be allowed a reasonable amount of time without loss of pay when a grievance is investigated and presented to the EMPLOYER during normal working hours, provided the Employee and the Steward have notified and received the approval of their immediate supervisor who has determined that such absence is reasonable and would not be detrimental to the work programs of the EMPLOYER. Meetings held during a stewardÓs non-working hours will not be paid time. ARTICLE VII NON-DISCRIMINATION The provisions of this Agreement shall be applied to all Employees in the Bargaining Group without discrimination as to age, sex, marital status, race, color, creed, sexual orientation, national origin or political affiliation. The Bargaining Group and the Employer agree to meet and confer to discuss accommodations for "qualified" disabled Employees as the need arises, consistent with the intent of the Americans with Disabilities' Act. ARTICLE VIII SENIORITY 8.1 Seniority is defined as a regular EmployeeÓs length of continuous service with the Formatted: Justified EMPLOYER since the EmployeeÓs last hire date. No time shall be deducted from 6 Council Packet Page Number 68 of 187 G8, Attachment 1 an EmployeeÓs seniority due to approved paid absences, or unpaid absences of less than a full pay period. 8.2 Bargaining Unit Seniority: is defined as the length of continuous service to the Employer within the Bargaining Unit as a full time Employee. Employees with the same hire date shall be given seniority ranking based on the EmployeeÓs final accumulative score obtained in the hiring process. 8.3 An EmployeeÓs Bargaining Unit seniority shall be terminated: a) If the Employee resigns, retires, is permanently transferred outside the Bargaining Unit for longer than six months, or is discharged. b) If, when recalled to work following a layoff, the Employee fails to return to work within twenty-one (21) days after the EMPLOYER sends a written notice of recall by certified mail to the EmployeeÓs last address on record with the EMPLOYER. c) When an Employee has been laid off for a period in excess of twelve (12) consecutive months. 8.4 When it is necessary to reduce the number of Employees, probationary Employees will be laid off first. The EMPLOYER agrees that, in laying off, it will lay off Employees according to seniority (providing the remaining Employees have the ability, or can be trained, to perform the remaining work). Employees shall be recalled following such layoffs in reverse order of layoff. 8.5 Any former Employee of the City may be rehired only under the condition of a new employee and no seniority or prior service will be given, except as expressly provided by this AGREEMENT. 8.6 All Employees will serve an additional probationary period of six months when promoted to a rank in which the Employee has not served a probationary period. 8.7 Employees will be permitted to voluntarily switch shifts with prior authorization from the Assistant Chief or their designee. The voluntary switching of shifts shall be between the Employees, once approved, and shall not obligate the EMPLOYER to overtime or callback pay. 8.8 Tours and/or Shifts will be bid annually on a seniority basis, only for Employees who have completed their initial probationary period provided the Employer reserves the right, when faced with unexpected or unplanned need, to assign an Employee without regard to seniority if the need of the department requires it. If the EMPLOYER determines that different staffing levels are needed on any tour and/or shift, tours and/ or shifts may be re-bid as deemed necessary by the EMPLOYER. The Chief will determine the number of each job class to be scheduled on each crew and shift prior to tour and/or shift bidding. The Fire Chief and the Association President may agree to re-bidding earlier than scheduled if situations occur warranting such modification. 7 Council Packet Page Number 69 of 187 G8, Attachment 1 Each quarter, employees may select one vacation period by seniority. A vacation period is defined as one or more consecutive work days per the prescribed tour and/or shift schedule; not to exceed one shift rotation (3 weeks). Requests for more than one consecutive vacation period (greater than 3 weeks) requires Department Head approval. ARTICLE IX ANNUAL LEAVE 9.1 The EMPLOYER shall provide Annual Leave as described in the City of Formatted: Justified, Tab stops: Not at 0.25" Maplewood Personnel Policies with the following exceptions: Formatted: Justified Employees on a 2,912 hours per year annual schedule shall accrue: a. Nine 24-hour annual leave days (216 hours) per year in years one through four of continuous service to the City; and b. Twelve 24-hour annual leave days (288 hours) per year in years five through eleven of continuous service to the City; and c. Fourteen 24-hour annual leave days (336 hours) per year in years twelve through twenty of continuous service to the City; and d. Sixteen 24-hour annual leave days (384 hours) per year in years twenty-one and above of continuous service to the City. 9.2 Annual Leave shall not accrue during unpaid leaves. Regular Part-Time Employees shall accrue Annual Leave on a pro-rated basis, based on regular hours worked. Annual Leave will accrue on a pay-period basis for up to 694 for a 2912 hours per year schedule. Employees can carry over up to their full balance as long as the total balance never exceeds the hour cap. No additional accrual will occur above the cap. Employees working schedules other than a 2912 hour schedule shall accrue and bank annual leave on a pro rata basis compared to the 2080 hour per year schedule accrual. (increased or decreased proportionally) 9.4 Unpaid Leave Î Unpaid leaves may be approved in accordance with the City Personnel Policies. Employees must normally use all accrued annual leave prior to taking an unpaid leave. If the leave qualifies under Parenting Leave or Family Medical Leave, the Employee may retain a balance of fifty (50) hours when going on an unpaid leave. Any exceptions to this policy must be approved by the City Manager. 9.5 Annual Leave Conversion Î Annual Leave will be eligible for conversion to cash or deferred compensation on a one-for-one basis (subject to IRS maximum deferral regulations) annually subject to the following conditions. Up to 40% of the Annual Leave balance, not to exceed one hundred thirty-three (133) hours, may be converted each year provided the Employee has used a minimum of 30% of their Annual Accrual during the current calendar year and has a minimum balance of at least on hundred ninety (190) hours. The minimum balance requirement will be determined as of the first payroll in December and will be based on the EmployeeÓs current hourly rate on December 1. 8 Council Packet Page Number 70 of 187 G8, Attachment 1 9.6 Benefit eligibility is not affected by shift length. When employees are absent from their scheduled shift, they will use the number of hours of accrued annual leave that equal the numbers of hours absent. 9.7 Annual leave accrual, use, maximums, and conversion allowances and requirements where they differ from the Personnel Policies, will be pro-rated based on the number of scheduled hours per year. 9.8 Approval of City paid hours in lieu of Annual Leave usage for hours spent at approved training that benefits the City will be reasonably considered by the Fire Chief. ARTICLE X INSURANCE Formatted: Justified 2021Health 2022 Health Care Costs/Contributions 10.1 H ealth Insurance Î For all full-time employees hired prior to January 1, 2013, the employer will pay 100% of the cost of employee (single) health insurance premium less $20, and 50% plus $45 toward the cost of the monthly dependent health insurance premium for the High Deductible Health Plan (hereafter the ÐHDHPÑ) for either the Medica Elect/Essential or Medica Choice plans. The Employer shall contribute towards the cost for insurance as follows: a. $20 per month credit towards single health care insurance for those employees who are deemed to have actively participated in the City provided Wellness Plan. i. The term actively participated shall be as determined by the Labor- Management Wellness Committee. b. $1,900 annually into a Health Reimbursement Account (HRA) for those employees who elect single coverage in either the Medica Elect/Essential Plan or Medica Choice plan. c. $3,200 annually into a HRA for those employees who elect family coverage in either the Medica Elect/Essential Plan or Medica Choice Plan. d. The City shall make such deposits for single or family HRA contributions by way of pro-rata. The City will also provide a funding option which shall be available to any employee who requires earlier funding of the CityÓs contribution due to medical event(s). In such case, the Employee shall make a request for funding to the Human Resources Coordinator and shall provide documentation supporting such request. The City shall also make a resource person available on a regular basis to the Employees to assist them with paperwork and billing issues related to the HDHP. e. As an incentive to participate in the Wellness Program, the City shall contribute up to $450 annually toward the Employee HRA for those Employees who have been determined to have actively participated in the Wellness Program as determined by the Labor-Management Wellness Committee. At the employeeÓs option the employee may choose to receive up to 12 hours of annual leave or 12 hours of vacation pay (for those employees still on the vacation sick plan) in lieu of receiving the contribution into the EmployeeÓs HRA. 9 Council Packet Page Number 71 of 187 G8, Attachment 1 10.2 For all employees hired after January 1, 2013, the following shall apply a. The employer will pay 100% of the cost of employee (single) health 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 $2,800.00. b. The City shall contribute up to $450 annually toward the Employee HRA for those Employees who have been determined to have actively participated in the Wellness Program as determined by the Labor- Management Wellness Committee. At the employeeÓs option the employee may choose to receive up to 12 hours of annual leave in lieu of receiving the contribution into the EmployeeÓs HRA. 2021 2022 Health Care Costs/Contributions Formatted: Justified The Employer and the Employee mutually agree to Health Care Costs and Contributions in 2021. The re-opener is exclusive to health care. The Employer and the Employee further agrees to actively engage in labor-management Formatted: Justified 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. 10 Council Packet Page Number 72 of 187 G8, Attachment 1 In the event health insurance provision of this agreement fail to meet the requirements of the Affordable Care Act and/or any other new federal legislation; or cause the Employer to be subject to a penalty, tax, or fine, the Union and the Employer will meet immediately to negotiate alternative provisions. If an agreement regarding 2021Health Care Costs/Contributions cannot be reached Formatted: Justified through a global effort by the cityÓs insurance committee, both parties agree to resolve the dispute through mediation. 10.3 Any changes that are presented at renewal will be discussed through the Insurance Labor Î Management Committee process. The EMPLOYER shall pay one hundred percent (100%) of the cost of the employee (single) dental insurance premium. These benefits apply to full-time Employees only. 10.4 Life Insurance Î The EMPLOYER shall provide a term life insurance policy with a benefit value of thirty-five thousand dollars ($35,000) for all full-time Employees. Full-Time employees may purchase additional coverage at the EmployeeÓs own expense under the plan. 10.5 Long-Term Disability Insurance - The EMPLOYER will provide long-term disability insurance with the cost of such being fully paid by the EMPLOYER. Such Long-Term Disability Insurance shall be coordinated with other benefits provided in this AGREEMENT and with other disability payments. Employees are not eligible for Annual Leave Accrual while receiving Long-Term Disability payment except for hours on payroll using accrued leave. In no case will an Employee receive more than 100% of their pre-disability wage while out on disability leave. 10.6 Short-Term Disability Insurance Î The EMPLOYER agrees to provide optional short-term disability insurance coverage for all regular employees who work 20 or more hours per week. Employees may elect this optional coverage at the EmployeeÓs cost. 10.7 Retiree Health Savings Plan (RHS) - The city agrees to provide a retiree health savings plan with the following plan specifications: a. Participant and benefit eligibility criteria: Must be full-time employee, no minimum or maximum age and no years of service requirement. b. Benefits will be limited to insurance premiums (health, dental, long-term care premiums, Medicare Part B, and Medicare supplements) and out-of- pocket expenses described as eligible by the IRS. 1. The RHS plan will be funded by severance pay as follows: Formatted: Justified 11 Council Packet Page Number 73 of 187 G8, Attachment 1 100% of accrued annual leave and personal holidays would be deposited into the RHS plan if the employeeÓs balance is at least 80 hours at the time of separation from service and the employee is at least age 40. If under 80 hours or under age 40, nothing would go in. 2. The RHS plan will be funded with annual deposits as follows: All employees will have the cash value of all personal holiday hours unused as of December 31 deposited into the RHS plan. 3. The RHS plan will be funded with bi-weekly deposits as follows: All employees will have a $50.00 payroll deduction deposited into the RHS plan. ARTICLE XI CLOTHING AND EQUIPMENT 11.1 The EMPLOYER will provide each new Employee an initial issue of uniforms and Formatted: Justified equipment as per the uniform list which shall include: four long sleeve shirts, four short sleeve shirts, four pair pants, one tie, one summer jacket, one winter jacket, belt, station boots, 4 station t-shirts, one stocking hat, badges, name plates and all insigniaÓs. Thereafter the EMPLOYER will provide each Employee four hundred ($400.00) per year for necessary replacement of uniform items due to normal wear and tear. 11.2 The EMPLOYER will provide each SWAT medic four hundred ($400.00) per year for clothing and equipment. Clothing and Equipment balances may be carried over from year to year, not to exceed a one-year amount. Clothing and equipment severely damaged in the line of duty will be replaced by the EMPLOYER at no cost to the Employee. Clothing and Equipment balances may be carried over from year to year; not to exceed a one year amount. ARTICLE XII HOURS 12.1 The standard payroll period for the Fire Department is two weeks. Employees shall normally take Meal Breaks and Rest Breaks during each Scheduled Shift as time and circumstances permit while remaining on continual duty. Such meal and rest periods may be interrupted. 12.2 It is anticipated that further scheduling, hours and shift coverage discussions will have to occur as the needs of the Department change, the parties agree to hold these discussions in good faith. 12.3 Compensation for overtime will not be paid unless the work is performed at the Formatted: Justified direction, or with the approval of, the Chief or his/her designee. 12 Council Packet Page Number 74 of 187 G8, Attachment 1 12.4 EMERGENCY CALLOUT - An Employee called immediately back to work at a time other than the EmployeeÓs normal scheduled shift shall receive a minimum of two (2) hours pay at time and a half. Reporting early for a shift or the extension of a shift shall not qualify for the two-hour minimum. To receive the minimum two (2) hours callback pay described in 12.4, Employees must arrive at the station or scene within twenty (20) minutes of the call out and before being cancelled. If an Employee is cancelled prior to arrival at a scene or the station, the Employee will receive two hours of straight time, instead of overtime. Employees arriving later than twenty (20) minutes from the time of the call, but before being cancelled, shall be compensated at the rate of time and one- half for only actual hours worked beginning with time of arrival. 12.5 SCHEDULED MEDICAL ONCALL - If authorized by the EMPLOYER for scheduled medic on call, employees will receive ¼ hour for each hour authorized to be on call. 12.6 Overtime shall be distributed as equally as practicable and will be calculated to the nearest fifteen (15) minutes. Overtime distribution for paramedics will be determined separately from overtime distribution for non-paramedics. Employees have an obligation to work overtime, and to respond to call backs as ordered, unless circumstances prevent them from doing so. 12.7 For purposes of computing overtime, hours will not be pyramided, compounded, or paid twice for the same hours worked. 12.8 EMERGENCY MEDICAL CALLOUT - Fire Department Paramedics shall be issued two-way communications for the purpose of providing emergency medical support. An Employee approved to respond to the medical emergency will receive a minimum of two hours at time and a half. 12.9 When there is a vacancy or an employee in training, schedule changes will be communicated as soon as practicable. When the Fire Department is fully staffed, Formatted: Justified any permanent schedule changes affecting days off will be communicated as soon as possible but normally with no less than two (2) weeksÓ notice prior to the change. Notice of adjusted starting times on a scheduled day will normally occur at least forty-eight (48) hours in advance of the change when the Employer has at least that much notice of the need for a change. Regular shift overtime available due to vacation time requested semi-annually pursuant to Article 8.8 (ÐBid OvertimeÑ) will be offered to bargaining unit Employees prior to being offered outside the bargaining unit and so long as minimum staffing levels acceptable to EMPLOYER are maintained with regard to medics required on staff for the shift in question, then the Fire Chief shall also reasonably consider Association Members for coverage of all Captains shifts as well.. Any other vacation or time off that has not been bid through the semi-annual bid process (Non-Bid OvertimeÑ) will be filled at the discretion of the Fire Chief who shall reasonably consider Association Members first for such overtime when possible and so long as minimum staffing levels acceptable to EMPLOYER are maintained with regard to medics required on staff for the shift in question, then the Fire Chief shall also reasonably consider Association Members for coverage of all Captains shifts as well. Any Bid Overtime still remaining available seven (7) days prior to the shift(s) to be so covered shall 13 Council Packet Page Number 75 of 187 G8, Attachment 1 be offered to any employees in any manner deemed at the sole discretion of the Chief or his designee to be in the best interests of the Fire Department. Paramedic shifts shall only be filled by other paramedics unless otherwise authorized by the Fire Chief, EMT shifts can only be filled by other EMTÓs unless otherwise authorized by the Fire Chief. When off duty Employees are scheduled to attend a meeting which gets cancelled with less than twenty-four (24) hoursÓ notice, the Employee will receive two (2) hours of pay. When at least one (1) week notice is given for regular scheduled meetings, the minimum pay shall be one (1) hour rather than two (2) hours. 12.10 The Fire Chief has the authority to change schedules and cancel vacations for previously unscheduled - unanticipated major events, disasters, and emergencies, if necessary. ARTICLE XIII HOLIDAYS 13.1 Designated Holidays Î All Full-Time Employees shall be entitled to observe the Formatted: Justified following ten eleven (110) statutory holidays and shall be compensated at their regular rate of pay for these holidays if on paid status at the time of any of the following Holidays (prorated based on annual schedule): st 1. New YearÓs Day January 1 rd 2. Martin Luther KingÓs Birthday 3 Monday in January rd 3. PresidentÓs Day 3 Monday in February 4. Memorial Day Last Monday in May th 5. Juneteenth June 19 Formatted: Superscript th 56. Independence Day July 4 st 67. Labor Day 1 Monday in September th 78. VeteranÓs Day November 11 th 89. Thanksgiving Day 4 Thursday in November th 910. Day after Thanksgiving 4 Friday in November th 110. Christmas Day December 25 The number of holiday hours for Employees covered by this AGREEMENT who Formatted: Justified do not work twenty-four (24) hour shifts will be proportional (based on their annual schedule) to those who work 2,080 hours per year. The number of holiday hours for EMPLOYEES covered by the AGREEMENT who do work twenty-four (24) hour shifts will be one hundred twenty thirty two (120132) hours per year. 13.2 Employees who actually work at least half of a shift on either Thanksgiving Day or Christmas Day shall receive double-time for all hours actually worked on these Holidays instead of time and one-half. Those Employees who work on Easter Sunday shall be paid at time and one half for any such hours worked on Easter Sunday. 13.3 If an Employee is not scheduled to work on a holiday and they are eligible for Formatted: Justified holiday pay, they will receive no more than the hours specified for their annual schedule. If they work an actual holiday, they will receive the prescribed number hours of holiday pay plus time and one-half for all hours worked on the day. If an 14 Council Packet Page Number 76 of 187 G8, Attachment 1 Employee uses approved leave on a holiday that they were scheduled to work, they will not receive overtime. Time and one-half for working on a holiday, as provided above, shall be for hours worked on the ÐactualÑ holiday as opposed to the ÐobservedÑ holiday. 13.4 Personal Holidays. In addition to the holidays listed in 13.1, Full-Time Employees working 24 hour shifts shall receive seventy-two (72) hours of Personal Holiday time per year. Full-Time employees who do not work 24 hour shifts will receive Personal Holiday hours prorated based on their annual schedule. The date of such Personal Holiday shall be requested by the EMPLOYEE and approved by the EMPLOYER. ARTICLE XIV TUITION REIMBURSEMENT 14.1 The CityÓs Tuition Reimbursement Program as outlined in the Personnel Policy will be applied to members of this bargaining unit. 14.2 Employees who receive city-paid paramedic schooling, will reimburse the Employer for books and tuition if they voluntarily leave employment within two (2) years of completion. ARTICLE XV DISCIPLINE 15.1 The EMPLOYER will discipline only for just cause. Formatted: Justified 15.2 Discipline, when administered, will normally be in one or more of the following forms: A. Oral reprimand B. Written Reprimand C. Suspension D. Discharge or disciplinary demotion 15.3 All disciplinary action shall be in written form with copies placed in the EmployeeÓs personnel file. 15.4 Disciplinary action which is to become part of an EmployeeÓs personnel file shall be read and acknowledged by signature of the Employee. Such signature does not imply an admission of guilt. The ASSOCIATION and the Employee will receive a copy of such disciplinary action and/or notices. 15.5 An Employee who is the subject of an investigation that may result in disciplinary action to that Employee may have a Representative of the ASSOCIATION present during questioning. It will be the responsibility of the Employee to make a request for a Representative and it will be the EmployeeÓs responsibility to have the Representative present during questioning. Questioning will be conducted at reasonable times, to be scheduled by the EMPLOYER. 15.6 Employee personnel files shall be subject to the Minnesota Data Practices Act. Formatted: Justified Employees may examine their own individual personnel files at reasonable times under the direct supervision of the EMPLOYER. 15 Council Packet Page Number 77 of 187 G8, Attachment 1 15.7 The EMPLOYER will remove old disciplinary letters after five (5) years if no further discipline has occurred within that five-year period. At the request of the Employee, oral reprimands shall be removed from the personnel files after one year provided the Employee has not been involved in progressive disciplinary action. ARTICLE XVI WAGES 16.1 Employees shall receive the following wage adjustment for 20212022. A one-time non- base lump sum payment on January 1, 2021 equal to the greater of 2% of the base salary on January 1, 2021 or $2000. Effective January 1, 2022, Captains who have been employed on a full-time basis and in good standing with the City from January 1, 2022 to December 31, 2022 as a Captain under this Agreement between the City and IAFF Local 4470-O will receive backpay of 10% based on 2022 earnings. Those employees who were promoted to Captain effective July 30, 2022 and employed on a full-time basis and in good standing with the City from July 30, 2022 to December 31, 2022 as a Captain under this Agreement between the City and IAFF Local 4470-O will receive backpay of 10% based on earnings from the date of promotion through December 31, 2022. Said payments are limited to employees who are actively employed by the City as a Captain under this Agreement between the City and IAFF Local 4470-O effective upon the date of full execution of this Agreement. B. WAGE SCHEDULE EFFECTIVE JANUARY 1, 2021 (Bi-Weekly) FIRE CAPTAIN / EMT CAPT / PARAMEDIC Entry 3,068.31 3,204.16 After 1 year 3,160.35 3,300.29 After 2 years 3,255.17 3,399.30 After 3 years 3,352.82 3,501.27 After 4 years 3,453.40 3,606.31 After 6 years 3,522.47 3,678.44 After 8 years 3,592.92 3,752.01 After 12 years 3,664.78 3,827.05 16 Council Packet Page Number 78 of 187 G8, Attachment 1 16.2 Deferred Compensation. In addition to the rates provided in 13.1 the city will Formatted: Justified contribute up to one hundred fifty dollars ($150) per month in deferred compensation, provided the Employee agrees to match EmployerÓs contribution of one hundred fifty ($150) per month. The Employer agrees that if the Employee desires to contribute a lesser amount then the Employer shall match that lesser amount as well. The Employee agrees to have the funds deposited in an approved deferred compensation plan. This benefit will be pro-rated for regular part-time employees. For Captain/EMTs and Captain/Paramedics with at least 10 years of experience, the City shall increase the amount of deferred comp available if matched by the Employee by fifty dollars ($50.00) per month. Fire Captains working while no higher ranking officer is on duty for the shift receive a supplemental payment of approximately $2.00 per hour. The amount of hours worked that are eligible for fire supplemental pay have been averaged pursuant to agreement between the parties and incorporated into the pay scales as stated above. ARTICLE XVII INJURY ON DUTY - SALARY CONTINUATION 17.1 Leave of absence with pay shall be granted to Employees who become incapacitated as a result of injury or occupational disease incurred through no misconduct of their own while in actual performance of City assigned duties. This shall exclude any injuries sustained while performing any voluntary off-duty services for which payment is made by a contracting party other than the City. 17.2 Such injury leave shall extend for a maximum of one hundred fifty (150) calendar days, unless it is determined sooner by competent medical authority approved by the City Manager, that the Employee can return to any duties for which the Employee may be capable and qualified. At the discretion of the City Manager, the injured Employee may be required to submit to a medical examination at any time by a physician selected by the City. 17.3 During such injury leave, the EMPLOYER shall pay the EmployeeÓs full regular pay rate, either as direct payment from salary funds or as WorkerÓs Compensation insurance benefits, or both, but the total amount paid for loss of time from work shall not exceed the full regular rate of pay such Employee would have received for the period. Such injury leave shall not be charged against the EmployeeÓs annual leave. All payments made to the Employee will be reduced by the total amount of all other injury related benefits for which the Employee is provided as a result of the injury. The Employee must apply for all benefits for which the Employee is eligible as a result of public employment, as soon as the Employee is eligible. The EMPLOYER reserves the right to refuse injury-on-duty pay if such application is not made. In order to receive injury-on-duty pay, the illness or injury must be eligible under workerÓs compensation. 17.4 An Employee who is physically incapacitated and who fails to report within eight (8) hours, followed by a written report within twenty-four (24) hours, any injury, 17 Council Packet Page Number 79 of 187 G8, Attachment 1 however minor, to his/her supervisor and to take such first aid or medical treatment as may be necessary under the circumstances, shall not be eligible for injury leave as outlined above. ARTICLE XVIII WORKING OUT OF CLASSIFICATION An Employee who is assigned at the sole discretion of the EMPLOYER to perform the work duties and accept the full responsibilities of a higher classificationÎshall receive the starting rate of pay or a minimum of 5% above their normal pay rate for all hours worked at that higher classification for the assignment. ARTICLE XIX FUNERAL/BEREAVEMENT LEAVE A maximum of up to three (3) shifts of funeral/bereavement leave with pay shall be extended to a regular full-time EMPLOYEE upon the death of a member of the immediate family of said EMPLOYEE or his/her spouse (i.e., spouse, children, grandchildren, parents, grandparents, brothers, sisters, brothers-in-law, sisters-in-law, or guardian). Any leave beyond one shift, up to a maximum of three shifts, to be on approval of department head or authorized designee. The actual amount of time off, and funeral leave approved, will be determined by the department head depending on individual circumstances (such as closeness of the relative, arrangements to be made, distance to the funeral, etc.) ARTICLE XIX WAIVER AND SAVINGS CLAUSE 19.1 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 the AGREEMENT are hereby superseded. 19.2 The parties acknowledge that during the negotiations that resulted in this AGREEMENT, each had the unlimited right and opportunity to make demands and proposals with respect to any term or condition of employment not removed by law from bargaining. All agreements and understanding arrived at by the parties are set forth in writing in this Agreement for the stipulated duration of this AGREEMENT. 19.3 During the term of this AGREEMENT the EMPLOYER and the ASSOCIATION each voluntarily and unqualifiedly waives the right to meet and negotiate regarding any and all terms and conditions of employment referred to or covered in this AGREEMENT. 19.4 This AGREEMENT is subject to the laws of the United States, the State of Minnesota, and the City of Maplewood. In the event any provision of this Agreement shall be held to be contrary to law by a Court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provision shall be voided. All other provisions of this AGREEMENT shall continue in full force and effect. The voided provision shall be negotiated at the request of either party. ARTICLE XX DURATION 18 Council Packet Page Number 80 of 187 G8, Attachment 1 st 20.1 This AGREEMENT shall be effective on the 1 of January 2021 2022 and shall st remain in full force and effect through December 31, 20212022. It shall automatically renew from year to year thereafter unless either party shall notify the other in writing in conformance with the Public Employment Labor Relations Act of 1971, et. Seq. that it desires to modify this AGREEMENT. In the event such written notice is given, and a new contract is not signed before the expiration date of the old contact, said contract is to continue in full force and effect until a new contract is signed. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on this the _________ day of ________________________, 20222023. FOR THE CITY: FOR THE ASSOCIATION: ___________________________ ______________________________ Marylee Abrams, Mayor ___________________________ ______________________________ Melinda Coleman, City Manager ___________________________ ______________________________ Michael Darrow, Asst. City Manager 19 Council Packet Page Number 81 of 187 G8, Attachment 2 COLLECTIVE BARGAINING AGREEMENT BETWEEN CITY OF MAPLEWOOD, MN AND INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS - FIRE FIGHTERS LOCAL 4470 Î O Fire Officers January 1, 2022 2023 through December 31, 2022 2025 Council Packet Page Number 82 of 187 G8, Attachment 2 Table of Contents ARTICLE I PURPOSE AND INTENT .............................................................. 2 ARTICLE II RECOGNITION ............................................................................. 2 ARTICLE III DEFINITIONS ............................................................................... 2 ARTICLE IV ASSOCIATION SECURITY .......................................................... 3 ARTICLE V EMPLOYER AUTHORITY ............................................................ 4 ARTICLE VI GRIEVANCE PROCEDURE ........................................................ 4 ARTICLE VII NON-DISCRIMINATION .............................................................. 6 ARTICLE VIII SENIORITY ................................................................................. 6 ARTICLE IX ANNUAL LEAVE ......................................................................... 8 ARTICLE X INSURANCE ............................................................................... 9 ARTICLE XI CLOTHING AND EQUIPMENT ................................................. 12 ARTICLE XII HOURS .................................................................................... 12 ARTICLE XIII HOLIDAYS ............................................................................... 14 ARTICLE XIV TUITION REIMBURSEMENT ................................................... 15 ARTICLE XV DISCIPLINE .............................................................................. 15 ARTICLE XVI WAGES ................................................................................. 1616 ARTICLE XVII INJURY ON DUTY - SALARY CONTINUATION .................. 1716 ARTICLE XVIII WORKING OUT OF CLASSIFICATION ............................... 1817 ARTICLE XIX BEREAVEMENT/FUNERAL LEAVEÈÈÈÈÈÈÈÈÈÈÈ 19 ARTICLE XIX WAIVER AND SAVINGS CLAUSE ÈÈÈÈÈÈÈÈÈÈ ÈÈ.1817 Wage AppendicesÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈ.ÈÈ..20 Council Packet Page Number 83 of 187 G8, Attachment 2 ARTICLE I PURPOSE AND INTENT This Agreement entered into as of January 1, 2022 2023 between the City of Maplewood, Minnesota, Municipal Corporation, hereinafter called ÐEMPLOYERÑ and /or ÐCityÑ, and the International Association of Firefighters, Fire Officers, Local 4470-O hereinafter called the ÐASSOCIATIONÑ and/or ÐUnionÑ and/or ÐCollective Bargaining GroupÑ and/or ÐGroup.Ñ It is the intent and purpose of this agreement to: 1.1 Establish certain hours, wages and other conditions of employment; 1.2 Establish procedures for the equitable and peaceful resolution of disputes concerning this agreementÓs interpretation and/or application; 1.3 Specify the full and complete understanding of the parties; and 1.4 Place in written form the partiesÓ agreement upon terms and conditions of employment for the duration of this agreement. The Employer and the Collective Bargaining Group through this agreement, continue their dedication to the highest quality public service. Both Parties recognize this agreement as a pledge of this dedication. ARTICLE II RECOGNITION 2.1 The EMPLOYER recognizes the ASSOCIATION as the Exclusive Representative for the following classifications: Fire Captain Î EMT Fire Captain Î Paramedic 2.2 In the event the EMPLOYER and the ASSOCIATION 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 III DEFINITIONS 3.1 Association: International Association of Fire Fighters, Local 4470-O. 3.2 Association Member: A Member in good standing of Local 4470-O, IAFF. 3.3 Bargaining Unit Seniority: Seniority as a Member of this Bargaining Unit. 3.4 Continuous Service: Unceasing service from last date of hire, including approved paid leaves of absence and unpaid leaves of less than one pay period. 3.5 Days: Unless otherwise indicated, days mean calendar days. 3.6 Emergency Call Back: Immediate return of an employee to perform assigned duties at the express authorization of the EMPLOYER at a time other than regular assigned shift. An extension of, or early report to, a regular assigned shift is not a call back 2 Council Packet Page Number 84 of 187 G8, Attachment 2 3.7 Employee: A member of the International Association of Fire Fighters, Local 4470, covered by this AGREEMENT. 3.8 Employer: City of Maplewood, Minnesota. 3.9 Job Class Seniority: EmployeeÓs length of continuous service in a job class. 3.10 Layoff: Separation from service with the EMPLOYER, necessitated by lack of work, lack of funds, or other reasons without reference to competence, misconduct, or other behavioral considerations. 3.11 Leave of Absence: An approved absence from work duty during a scheduled work period with or without compensation. 3.12 Meal Break: A period during the scheduled shift during which the Employee remains on continual duty, not conducting the regular tasks and responsibilities of the position, however is available in the event activity would dictate their immediate return to duty. 3.13 Probationary Period: The first twelve (12) months of service of a newly hired or rehired Employee. 3.14 Promotion: A change of an Employee from a position in one job classification to a position in another job classification with higher maximum compensation. Assignments are not promotions and are temporary in nature at the discretion of the Fire Chief. 3.15 Rest Break: Periods during the scheduled shift during which the Employee remains on continual duty, not conducting the regular tasks and responsibilities of the position, however is available and in close proximity, in the event activity would dictate their immediate return to duty. 3.16 Scheduled Shift: A consecutive work period including rest breaks and a meal break. 3.18 Strike: Concerted action in failing to report for duty, the willful absence from oneÓs position, the stoppage of work, slow-down, or abstinence in whole or in part from the full, faithful and proper performance of the duties of employment for the purposes of inducing, influencing, or coercing a change in the conditions or compensation or the rights, privileges or obligations of employment. ARTICLE IV ASSOCIATION SECURITY 4.1 In recognition of the ASSOCIATION as the certified exclusive representative of the listed classifications of personnel specified in 2.1, the EMPLOYER shall deduct from the wages of employees, such a deduction an amount sufficient to provide payment of dues established by the ASSOCIATION. Such monies shall be divided equally between the first and second pay-period of the month and shall be remitted to the appropriate designated Officer of the ASSOCIATION. Dues appeals or challenges may be filed in accordance with State Statute. 3 Council Packet Page Number 85 of 187 G8, Attachment 2 4.2 The ASSOCIATION may designate two employees plus one alternate from the bargaining unit to act as steward and representatives and shall inform the EMPLOYER in writing of such choices within thirty (30) days of such selection. 4.3 The EMPLOYER shall make space available on a bulletin board for posting ASSOCIATION notices and announcements. 4.4 Officers of the ASSOCIATION shall be allowed reasonable time off without pay, with prior approval of their immediate supervisor for the purpose of conducting ASSOCIATION business as provided by State Statute, when such time away from their normal work duties will not unduly interfere with the operation of the department. Officers of the ASSOCIATION shall be allowed leaves of absence without pay, when requested, to fulfill their duties as ASSOCIATION Officers as allowed by State Statute. 4.5 The ASSOCIATION agrees to indemnify and hold the EMPLOYER harmless against any and all claims, suits, orders, or judgments brought or issued against the EMPLOYER as a result of any action taken or not taken by the EMPLOYER in accordance with the provisions of this Article. ARTICLE V EMPLOYER AUTHORITY 5.1 The EMPLOYER retains the full and unrestricted right to operate and manage all staff, facility and equipment; to establish functions and programs; to set and amend policies, procedures and budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct and determine the number of personnel; to establish work schedules, and perform any inherent managerial function not specifically limited by this AGREEMENT. 5.2 The ASSOCIATION agrees that any managerial right not specifically limited by this AGREEMENT shall remain solely within the discretion of the EMPLOYER. 5.3 The ASSOCIATION agrees that during the life of this AGREEMENT that the ASSOCIATION will not cause, encourage, participate in, or support any strike, slowdown, or other interruption of, or interference with, the normal functions of the EMPLOYER. ARTICLE VI GRIEVANCE PROCEDURE 6.1 For purpose of this AGREEMENT, the term ÐgrievanceÑ means any dispute between the EMPLOYER and the Employee(s) concerning the interpretation or application of the specific terms and conditions of this AGREEMENT. Both parties recognize that should a provision of this AGREEMENT be specifically in conflict with an Employment Rule, this AGREEMENT shall prevail; any Employment Rule not directly modified or abridged by this AGREEMENT shall remain in full force. The EMPLOYER and the ASSOCIATION agree to the following grievance procedure. Each step of the procedure shall be strictly adhered to or the grievance shall be deemed withdrawn. 6.2 First Step: The Employee, with or without the Steward, shall take up the grievance or dispute with the EmployeeÓs immediate supervisor within twenty-one (21) days 4 Council Packet Page Number 86 of 187 G8, Attachment 2 of the date of the grievance or the EmployeeÓs knowledge of its occurrence. The Supervisor shall attempt to resolve the matter and shall respond to the Employee within ten (10) days. If the immediate supervisor is the Department Head, the grievance procedure shall begin at the second step. 6.3 Second Step: If the grievance is not resolved in the first step, the ASSOCIATION shall present the grievance, in writing, to the Department Head within fourteen (14) days after the SupervisorÓs response is due. All grievances shall state the facts upon which they are based, when they occurred, the specific provision(s) of the AGREEMENT allegedly violated, the remedy requested, the avenue through which redress is sought, and shall be signed by an Officer of the Local. References to Officer of the Local for the purposes of this Article shall mean; the President, Vice- President or Steward. If such written request is made, the Department Head, or his/her designee, shall meet with the Employee and the Steward within fourteen (14) days after the date of receipt of this request. The Department Head shall give a written answer to the Steward within fourteen (14) days after the meeting. 6.4 Third Step: If the grievance is not resolved in the Second Step, the ASSOCIATION shall notify the City Manager of their desire to appeal the grievance. Said written appeal must be served upon the City Manager within twenty-one (21) days after receipt of the Department HeadÓs Second Step response. If such request is made, the grievance shall be reviewed at a meeting between the City Manager, management staff determined by the City Manager as necessary, Association President, and/or Representative, within fifteen (15) days after receipt by the City Manager of the notice of desire to appeal. A written answer shall be given by the City Manager within fifteen (15) days after the date of the Third Step meeting. Any grievance not appealed, in writing, to Step Four by the ASSOCIATION, shall be considered withdrawn. 6.5 Fourth Step: If both parties, having exhausted the grievance steps provided herein, cannot settle the grievance, the ASSOCIATION may submit the issue in dispute to binding arbitration within fifteen (15) days of receipt of the Third Step answer and shall notify the City Manager, in writing, of its intent to do so. The ASSOCIATION will request the Minnesota Bureau of Mediation Services to submit a list of seven (7) names from which the parties shall, within fourteen (14) days after receipt of such list, select the arbitrator by striking alternately one name each and the remaining person shall be the arbitrator. A toss of the coin shall determine who shall strike the first name. 6.6 An arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this AGREEMENT. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the EMPLOYER and the ASSOCIATION and shall have no authority to make a decision on any other issue not so submitted. The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modifying or varying in any way the application of laws, rules or regulations having the force or effect of law. The arbitrator shall submit their decision in writing within thirty (30) days following the close of the hearing or the submission of briefs by the parties, whichever is later, unless the parties agree to an extension. 5 Council Packet Page Number 87 of 187 G8, Attachment 2 6.7 The fees and expenses for the arbitratorÓs service and proceedings shall be borne equally between the parties, except that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings, the cost shall be borne equally for said record. 6.8 If a grievance is not presented within the time limits set forth above, it shall be considered withdrawn. If a grievance is not appealed to the next step within the time limit or any agreed extension thereof, it shall be considered settled on the basis of the EMPLOYERÓS last answer. If the EMPLOYER does not answer a grievance or an appeal thereof within the specified time limits, the ASSOCIATION may elect to treat the grievance as denied at that step and may appeal the grievance to the next step. The time limit in each step may be extended only by mutual agreement of the EMPLOYER and the ASSOCIATION in each step. 6.9 Should a grievance involve the suspension, demotion, or discharge of an Employee who has completed the required probationary period, the grievance shall be initiated at Step Three. If appealed to the procedure outlined in Step Three a written appeal must be served on the City Manager within ten (10) days after the EmployeeÓs receipt of the notice of suspension, demotion, or discharge. An Employee pursuing a statutory remedy is precluded from also pursuing an appeal under this procedure unless otherwise required by law. Selection of any procedure other than Step three shall terminate the EmployeeÓs right to seek redress under this Article. 6.10 It is recognized and accepted by the ASSOCIATION and the EMPLOYER that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the Employees and shall therefore be accomplished during normal working hours, only when consistent with such EmployeeÓs duties and responsibilities. The aggrieved Employee and the Steward shall be allowed a reasonable amount of time without loss of pay when a grievance is investigated and presented to the EMPLOYER during normal working hours, provided the Employee and the Steward have notified and received the approval of their immediate supervisor who has determined that such absence is reasonable and would not be detrimental to the work programs of the EMPLOYER. Meetings held during a stewardÓs non-working hours will not be paid time. ARTICLE VII NON-DISCRIMINATION The provisions of this Agreement shall be applied to all Employees in the Bargaining Group without discrimination as to age, sex, marital status, race, color, creed, sexual orientation, national origin or political affiliation. The Bargaining Group and the Employer agree to meet and confer to discuss accommodations for "qualified" disabled Employees as the need arises, consistent with the intent of the Americans with Disabilities' Act. ARTICLE VIII SENIORITY 8.1 Seniority is defined as a regular EmployeeÓs length of continuous service with the EMPLOYER since the EmployeeÓs last hire date. No time shall be deducted from 6 Council Packet Page Number 88 of 187 G8, Attachment 2 an EmployeeÓs seniority due to approved paid absences, or unpaid absences of less than a full pay period. 8.2 Bargaining Unit Seniority: is defined as the length of continuous service to the Employer within the Bargaining Unit as a full time Employee. Employees with the same hire date shall be given seniority ranking based on the EmployeeÓs final accumulative score obtained in the hiring process. 8.3 An EmployeeÓs Bargaining Unit seniority shall be terminated: a) If the Employee resigns, retires, is permanently transferred outside the Bargaining Unit for longer than six months, or is discharged. b) If, when recalled to work following a layoff, the Employee fails to return to work within twenty-one (21) days after the EMPLOYER sends a written notice of recall by certified mail to the EmployeeÓs last address on record with the EMPLOYER. c) When an Employee has been laid off for a period in excess of twelve (12) consecutive months. 8.4 When it is necessary to reduce the number of Employees, probationary Employees will be laid off first. The EMPLOYER agrees that, in laying off, it will lay off Employees according to seniority (providing the remaining Employees have the ability, or can be trained, to perform the remaining work). Employees shall be recalled following such layoffs in reverse order of layoff. 8.5 Any former Employee of the City may be rehired only under the condition of a new employee and no seniority or prior service will be given, except as expressly provided by this AGREEMENT. 8.6 All Employees will serve an additional probationary period of six months when promoted to a rank in which the Employee has not served a probationary period. 8.7 Employees will be permitted to voluntarily switch shifts with prior authorization from the Assistant Chief or their designee. The voluntary switching of shifts shall be between the Employees, once approved, and shall not obligate the EMPLOYER to overtime or callback pay. 8.8 Tours and/or Shifts will be bid annually on a seniority basis, only for Employees who have completed their initial probationary period provided the Employer reserves the right, when faced with unexpected or unplanned need, to assign an Employee without regard to seniority if the need of the department requires it. If the EMPLOYER determines that different staffing levels are needed on any tour and/or shift, tours and/ or shifts may be re-bid as deemed necessary by the EMPLOYER. The Chief will determine the number of each job class to be scheduled on each crew and shift prior to tour and/or shift bidding. The Fire Chief and the Association President may agree to re-bidding earlier than scheduled if situations occur warranting such modification. 7 Council Packet Page Number 89 of 187 G8, Attachment 2 Each quarter, employees may select one vacation period by seniority. A vacation period is defined as one or more consecutive work days per the prescribed tour and/or shift schedule; not to exceed one shift rotation (3 weeks). Requests for more than one consecutive vacation period (greater than 3 weeks) requires Department Head approval. ARTICLE IX ANNUAL LEAVE 9.1 The EMPLOYER shall provide Annual Leave as described in the City of Maplewood Personnel Policies with the following exceptions: Employees on a 2,912 hours per year annual schedule shall accrue: a. Nine 24-hour annual leave days (216 hours) per year in years one through four of continuous service to the City; and b. Twelve 24-hour annual leave days (288 hours) per year in years five through eleven of continuous service to the City; and c. Fourteen 24-hour annual leave days (336 hours) per year in years twelve through twenty of continuous service to the City; and d. Sixteen 24-hour annual leave days (384 hours) per year in years twenty-one and above of continuous service to the City. 9.2 Annual Leave shall not accrue during unpaid leaves. Regular Part-Time Employees shall accrue Annual Leave on a pro-rated basis, based on regular hours worked. Annual Leave will accrue on a pay-period basis for up to 694 for a 2912 hours per year schedule. Employees can carry over up to their full balance as long as the total balance never exceeds the hour cap. No additional accrual will occur above the cap. Employees working schedules other than a 2912 hour schedule shall accrue and bank annual leave on a pro rata basis compared to the 2080 hour per year schedule accrual. (increased or decreased proportionally) 9.4 Unpaid Leave Î Unpaid leaves may be approved in accordance with the City Personnel Policies. Employees must normally use all accrued annual leave prior to taking an unpaid leave. If the leave qualifies under Parenting Leave or Family Medical Leave, the Employee may retain a balance of fifty (50) hours when going on an unpaid leave. Any exceptions to this policy must be approved by the City Manager. 9.5 Annual Leave Conversion Î Annual Leave will be eligible for conversion to cash or deferred compensation on a one-for-one basis (subject to IRS maximum deferral regulations) annually subject to the following conditions. Up to 40% of the Annual Leave balance, not to exceed one hundred thirty-three (133) hours, may be converted each year provided the Employee has used a minimum of 30% of their Annual Accrual during the current calendar year and has a minimum balance of at least on hundred ninety (190) hours. The minimum balance requirement will be determined as of the first payroll in December and will be based on the EmployeeÓs current hourly rate on December 1. 8 Council Packet Page Number 90 of 187 G8, Attachment 2 9.6 Benefit eligibility is not affected by shift length. When employees are absent from their scheduled shift, they will use the number of hours of accrued annual leave that equal the numbers of hours absent. 9.7 Annual leave accrual, use, maximums, and conversion allowances and requirements where they differ from the Personnel Policies, will be pro-rated based on the number of scheduled hours per year. 9.8 Approval of City paid hours in lieu of Annual Leave usage for hours spent at approved training that benefits the City will be reasonably considered by the Fire Chief. ARTICLE X INSURANCE 20223 Health Care Costs/Contributions 10.1 H ealth Insurance Î For all full-time employees hired prior to January 1, 2013, the employer will pay 100% of the cost of employee (single) health insurance premium less $20, and 50% plus $45 toward the cost of the monthly dependent health insurance premium for the High Deductible Health Plan (hereafter the ÐHDHPÑ) for either the Medica Elect/Essential or Medica Choice plans. The Employer shall contribute towards the cost for insurance as follows: a. $20 per month credit towards single health care insurance for those employees who are deemed to have actively participated in the City provided Wellness Plan. i. The term actively participated shall be as determined by the Labor- Management Wellness Committee. b. $1,900 annually into a Health Reimbursement Account (HRA) for those employees who elect single coverage in either the Medica Elect/Essential Plan or Medica Choice plan. c. $3,200 annually into a HRA for those employees who elect family coverage in either the Medica Elect/Essential Plan or Medica Choice Plan. d. The City shall make such deposits for single or family HRA contributions by way of pro-rata. The City will also provide a funding option which shall be available to any employee who requires earlier funding of the CityÓs contribution due to medical event(s). In such case, the Employee shall make a request for funding to the Human Resources Coordinator and shall provide documentation supporting such request. The City shall also make a resource person available on a regular basis to the Employees to assist them with paperwork and billing issues related to the HDHP. e. As an incentive to participate in the Wellness Program, the City shall contribute up to $450 annually toward the Employee HRA for those Employees who have been determined to have actively participated in the Wellness Program as determined by the Labor-Management Wellness Committee. At the employeeÓs option the employee may choose to receive up to 12 hours of annual leave or 12 hours of vacation pay (for those employees still on the vacation sick plan) in lieu of receiving the contribution into the EmployeeÓs HRA. 9 Council Packet Page Number 91 of 187 G8, Attachment 2 10.2 For all employees hired after January 1, 2013, the following shall apply a. The employer will pay 100% of the cost of employee (single) health 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 $2,800.00. b. The City shall contribute up to $450 annually toward the Employee HRA for those Employees who have been determined to have actively participated in the Wellness Program as determined by the Labor- Management Wellness Committee. At the employeeÓs option the employee may choose to receive up to 12 hours of annual leave in lieu of receiving the contribution into the EmployeeÓs HRA. 2024-2025 Health Care Costs/Contributions The Employer and the Employee further agrees to actively engage in labor-management discussions and planning with regard to future citywide health insurance offerings. It is the cityÓs expectation that a global agreement will be reached by the cityÓs insurance committee. In the event health insurance provision of this agreement fail to meet the requirements of the Affordable Care Act and/or any other new federal legislation; or cause the Employer 10 Council Packet Page Number 92 of 187 G8, Attachment 2 to be subject to a penalty, tax, or fine, the Union and the Employer will meet immediately to negotiate alternative provisions. If an agreement regarding 2021Health Care Costs/Contributions cannot be reached through a global effort by the cityÓs insurance committee, both parties agree to resolve the dispute through mediation. Effective January 1, 2024, employees who elect single coverage shall contribute $15.00 Formatted: Font: (Default) Arial, 11 pt per month. Formatted: Font: (Default) Arial, 11 pt Formatted: Justified Beginning in 2024, the City will offer an HSA. The Employer and the Union further agree to actively engage in labor-management discussions and planning with regard to future citywide health insurance offerings. It is the Formatted: Font: (Default) Arial, 11 pt EmployerÓs expectation that a global agreement with all affected bargaining units will be Formatted: Font: (Default) Arial, 11 pt reached by the cityÓs insurance committee. Formatted: Font: (Default) Arial, 11 pt 10.3 Any changes that are presented at renewal will be discussed through the Formatted: Font: (Default) Tahoma, 6 pt, Font color: Black Insurance Labor Î Management Committee process. The EMPLOYER shall Formatted: Normal, Left, Space After: 0 pt, Line spacing: single, Don't adjust space between Latin and Asian text, Don't pay one hundred percent (100%) of the cost of the employee (single) dental adjust space between Asian text and numbers insurance premium. These benefits apply to full-time Employees only. 10.4 Life Insurance Î The EMPLOYER shall provide a term life insurance policy with a benefit value of thirty-five thousand dollars ($35,000) for all full-time Employees. Full-Time employees may purchase additional coverage at the EmployeeÓs own expense under the plan. 10.5 Long-Term Disability Insurance - The EMPLOYER will provide long-term disability insurance with the cost of such being fully paid by the EMPLOYER. Such Long-Term Disability Insurance shall be coordinated with other benefits provided in this AGREEMENT and with other disability payments. Employees are not eligible for Annual Leave Accrual while receiving Long-Term Disability payment except for hours on payroll using accrued leave. In no case will an Employee receive more than 100% of their pre-disability wage while out on disability leave. 10.6 Short-Term Disability Insurance Î The EMPLOYER agrees to provide optional short-term disability insurance coverage for all regular employees who work 20 or more hours per week. Employees may elect this optional coverage at the EmployeeÓs cost. 10.7 Retiree Health Savings Plan (RHS) - The city agrees to provide a retiree health savings plan with the following plan specifications: a. Participant and benefit eligibility criteria: Must be full-time employee, no minimum or maximum age and no years of service requirement. b. Benefits will be limited to insurance premiums (health, dental, long-term care premiums, Medicare Part B, and Medicare supplements) and out-of- pocket expenses described as eligible by the IRS. 11 Council Packet Page Number 93 of 187 G8, Attachment 2 1. The RHS plan will be funded by severance pay as follows: 100% of accrued annual leave and personal holidays would be deposited into the RHS plan if the employeeÓs balance is at least 80 hours at the time of separation from service and the employee is at least age 40. If under 80 hours or under age 40, nothing would go in. 2. The RHS plan will be funded with annual deposits as follows: All employees will have the cash value of all personal holiday hours unused as of December 31 deposited into the RHS plan. 3. The RHS plan will be funded with bi-weekly deposits as follows: All employees will have a $50.00 payroll deduction deposited into the RHS plan. ARTICLE XI CLOTHING AND EQUIPMENT 11.1 The EMPLOYER will provide each new Employee an initial issue of uniforms and equipment as per the uniform list which shall include: four long sleeve shirts, four short sleeve shirts, four pair pants, one tie, one summer jacket, one winter jacket, belt, station boots, 4 station t-shirts, one stocking hat, badges, name plates and all insigniaÓs. Thereafter the EMPLOYER will provide each Employee four hundred ($400.00) per year for necessary replacement of uniform items due to normal wear and tear. 11.2 The EMPLOYER will provide each SWAT medic four hundred ($400.00) per year for clothing and equipment. Clothing and Equipment balances may be carried over from year to year, not to exceed a one-year amount. Clothing and equipment severely damaged in the line of duty will be replaced by the EMPLOYER at no cost to the Employee. Clothing and Equipment balances may be carried over from year to year; not to exceed a one year amount. ARTICLE XII HOURS 12.1 The standard payroll period for the Fire Department is two weeks. Employees shall normally take Meal Breaks and Rest Breaks during each Scheduled Shift as time and circumstances permit while remaining on continual duty. Such meal and rest periods may be interrupted. 12.2 It is anticipated that further scheduling, hours and shift coverage discussions will have to occur as the needs of the Department change, the parties agree to hold these discussions in good faith. 12 Council Packet Page Number 94 of 187 G8, Attachment 2 12.3 Compensation for overtime will not be paid unless the work is performed at the direction, or with the approval of, the Chief or his/her designee. 12.4 EMERGENCY CALLOUT - An Employee called immediately back to work at a time other than the EmployeeÓs normal scheduled shift shall receive a minimum of two (2) hours pay at time and a half. Reporting early for a shift or the extension of a shift shall not qualify for the two-hour minimum. To receive the minimum two (2) hours callback pay described in 12.4, Employees must arrive at the station or scene within twenty (20) minutes of the call out and before being cancelled. If an Employee is cancelled prior to arrival at a scene or the station, the Employee will receive two hours of straight time, instead of overtime. Employees arriving later than twenty (20) minutes from the time of the call, but before being cancelled, shall be compensated at the rate of time and one- half for only actual hours worked beginning with time of arrival. 12.5 SCHEDULED MEDICAL ONCALL - If authorized by the EMPLOYER for scheduled medic on call, employees will receive ¼ hour for each hour authorized to be on call. 12.6 Overtime shall be distributed as equally as practicable and will be calculated to the nearest fifteen (15) minutes. Overtime distribution for paramedics will be determined separately from overtime distribution for non-paramedics. Employees have an obligation to work overtime, and to respond to call backs as ordered, unless circumstances prevent them from doing so. 12.7 For purposes of computing overtime, hours will not be pyramided, compounded, or paid twice for the same hours worked. 12.8 EMERGENCY MEDICAL CALLOUT - Fire Department Paramedics shall be issued two-way communications for the purpose of providing emergency medical support. An Employee approved to respond to the medical emergency will receive a minimum of two hours at time and a half. 12.9 When there is a vacancy or an employee in training, schedule changes will be communicated as soon as practicable. When the Fire Department is fully staffed, any permanent schedule changes affecting days off will be communicated as soon as possible but normally with no less than two (2) weeksÓ notice prior to the change. Notice of adjusted starting times on a scheduled day will normally occur at least forty-eight (48) hours in advance of the change when the Employer has at least that much notice of the need for a change. Regular shift overtime available due to vacation time requested semi-annually pursuant to Article 8.8 (ÐBid OvertimeÑ) will be offered to bargaining unit Employees prior to being offered outside the bargaining unit and so long as minimum staffing levels acceptable to EMPLOYER are maintained with regard to medics required on staff for the shift in question, then the Fire Chief shall also reasonably consider Association Members for coverage of all Captains shifts as well.. Any other vacation or time off that has not been bid through the semi-annual bid process (Non-Bid OvertimeÑ) will be filled at the discretion of the Fire Chief who shall reasonably consider Association Members first for such overtime when possible and so long as minimum staffing levels 13 Council Packet Page Number 95 of 187 G8, Attachment 2 acceptable to EMPLOYER are maintained with regard to medics required on staff for the shift in question, then the Fire Chief shall also reasonably consider Association Members for coverage of all Captains shifts as well. Any Bid Overtime still remaining available seven (7) days prior to the shift(s) to be so covered shall be offered to any employees in any manner deemed at the sole discretion of the Chief or his designee to be in the best interests of the Fire Department. Paramedic shifts shall only be filled by other paramedics unless otherwise authorized by the Fire Chief, EMT shifts can only be filled by other EMTÓs unless otherwise authorized by the Fire Chief. When off duty Employees are scheduled to attend a meeting which gets cancelled with less than twenty-four (24) hoursÓ notice, the Employee will receive two (2) hours of pay. When at least one (1) week notice is given for regular scheduled meetings, the minimum pay shall be one (1) hour rather than two (2) hours. 12.10 The Fire Chief has the authority to change schedules and cancel vacations for previously unscheduled - unanticipated major events, disasters, and emergencies, if necessary. ARTICLE XIII HOLIDAYS 13.1 Designated Holidays Î All Full-Time Employees shall be entitled to observe the following eleven (11) ten (10) statutory holidays and shall be compensated at their regular rate of pay for these holidays if on paid status at the time of any of the following Holidays (prorated based on annual schedule): st 1. New YearÓs Day January 1 rd 2. Martin Luther KingÓs Birthday 3 Monday in January rd 3. PresidentÓs Day 3 Monday in February 4. Memorial Day Last Monday in May th 5. Juneteenth June 19 th 65. Independence Day July 4 st 76. Labor Day 1 Monday in September th 87. VeteranÓs Day November 11 th 9.8. Thanksgiving Day 4 Thursday in November th 109. Day after Thanksgiving 4 Friday in November th 110. Christmas Day December 25 The number of holiday hours for Employees covered by this AGREEMENT who do not work twenty-four (24) hour shifts will be proportional (based on their annual schedule) to those who work 2,080 hours per year. The number of holiday hours for EMPLOYEES covered by the AGREEMENT who do work twenty-four (24) hour shifts will be one hundred thirty twotwenty (1320) hours per year. 13.2 Employees who actually work at least half of a shift on either Thanksgiving Day or Christmas Day shall receive double-time for all hours actually worked on these Holidays instead of time and one-half. Those Employees who work on Easter Sunday shall be paid at time and one half for any such hours worked on Easter Sunday through December 31, 2024. 14 Council Packet Page Number 96 of 187 G8, Attachment 2 13.3 If an Employee is not scheduled to work on a holiday and they are eligible for holiday pay, they will receive no more than the hours specified for their annual schedule. If they work an actual holiday, they will receive the prescribed number hours of holiday pay plus time and one-half for all hours worked on the day. If an Employee uses approved leave on a holiday that they were scheduled to work, they will not receive overtime. Time and one-half for working on a holiday, as provided above, shall be for hours worked on the ÐactualÑ holiday as opposed to the ÐobservedÑ holiday. 13.4 Personal Holidays. In addition to the holidays listed in 13.1, Full-Time Employees working 24 hour shifts shall receive seventy-two (72) hours of Personal Holiday time per year. Full-Time employees who do not work 24 hour shifts will receive Personal Holiday hours prorated based on their annual schedule. The date of such Personal Holiday shall be requested by the EMPLOYEE and approved by the EMPLOYER. ARTICLE XIV TUITION REIMBURSEMENT 14.1 The CityÓs Tuition Reimbursement Program as outlined in the Personnel Policy will be applied to members of this bargaining unit. 14.2 Employees who receive city-paid paramedic schooling, will reimburse the Employer for books and tuition if they voluntarily leave employment within two (2) years of completion. ARTICLE XV DISCIPLINE 15.1 The EMPLOYER will discipline only for just cause. 15.2 Discipline, when administered, will normally be in one or more of the following forms: A. Oral reprimand B. Written Reprimand C. Suspension D. Discharge or disciplinary demotion 15.3 All disciplinary action shall be in written form with copies placed in the EmployeeÓs personnel file. 15.4 Disciplinary action which is to become part of an EmployeeÓs personnel file shall be read and acknowledged by signature of the Employee. Such signature does not imply an admission of guilt. The ASSOCIATION and the Employee will receive a copy of such disciplinary action and/or notices. 15.5 An Employee who is the subject of an investigation that may result in disciplinary action to that Employee may have a Representative of the ASSOCIATION present during questioning. It will be the responsibility of the Employee to make a request for a Representative and it will be the EmployeeÓs responsibility to have the Representative present during questioning. Questioning will be conducted at reasonable times, to be scheduled by the EMPLOYER. 15 Council Packet Page Number 97 of 187 G8, Attachment 2 15.6 Employee personnel files shall be subject to the Minnesota Data Practices Act. Employees may examine their own individual personnel files at reasonable times under the direct supervision of the EMPLOYER. 15.7 The EMPLOYER will remove old disciplinary letters after five (5) years if no further discipline has occurred within that five-year period. At the request of the Employee, oral reprimands shall be removed from the personnel files after one year provided the Employee has not been involved in progressive disciplinary action. ARTICLE XVI WAGES 16.1 Effective January 1, 2023, employees will be placed on the step in the new pay plan at the designated grade (Grade 12) that provides a wage rate that is equal to or greater than the employeeÓs December 31, 2022 base wage subject to the following. Employees will be placed on the following steps at Grade 12 effective January 1, 2023. Employees are eligible for step movement on their anniversary date in 2023: Captain Step DaBruzzi D Kubat D Davison B McGee B Maleski B Wardell B Formatted: Indent: Left: 1.5" Effective February 11, 2023, Merkatoris will be placed at step C of grade 12 in the new pay plan. Merkatoris is not eligible for a step increase on his anniversary date in 2023. 1.00% general wage increase effective January 1, 2023 to be calculated after implementation of new step plan Formatted: Indent: Left: 0", First line: 0.5" 1.0% general wage increase effective July 1, 2023 1.5% general wage increase effective January 1, 2024 1.5% general wage increase effective June 29, 2024 1.5% general wage increase effective January 1, 2025 1.5% general wage increase effective June 28, 2025 Formatted: Indent: Left: 1.5", First line: 0", Right: -0.06" The new salary ranges effective in 2023 have seven (7) steps. Employees will be eligible for step movement once per year on 16 Council Packet Page Number 98 of 187 G8, Attachment 2 their anniversary date until they reach Step G subject to the exception set forth above relative to Merkatoris in 2023. Employees shall receive the following wage adjustment for 2022. Effective January 1, 2022, Captains who have been employed on a full-time basis and in good standing with the City from January 1, 2022 to December 31, 2022 as a Captain under this Agreement between the City and IAFF Local 4470-O will receive backpay of 10% based on 2022 earnings. Those employees who were promoted to Captain effective July 30, 2022 and employed on a full-time basis and in good standing with the City from July 30, 2022 to December 31, 2022 as a Captain under this Agreement between the City and IAFF Local 4470-O will receive backpay of 10% based on earnings from the date of promotion through December 31, 2022. Said payments are limited to employees who are actively employed by the City as a Captain under this Agreement between the City and IAFF Local 4470-O effective upon the date of full execution of this Agreement. 16.2 Deferred Compensation. In addition to the rates provided in 13.1 the city will contribute up to one hundred fifty dollars ($150) per month in deferred compensation, provided the Employee agrees to match EmployerÓs contribution of one hundred fifty ($150) per month effective through the last pay period of 2025. Thereafter, in addition to the rates provided in 13.1 the City will contribute up to one hundred twenty dollars ($120) per month in deferred compensation, provided the Employee agrees to match EmployerÓs contribution of one hundred twenty ($120) per month. The Employer agrees that if the Employee desires to contribute a lesser amount then the Employer shall match that lesser amount as well. The Employee agrees to have the funds deposited in an approved deferred compensation plan. This benefit will be pro-rated for regular part-time employees. For Captain/EMTs and Captain/Paramedics with at least 10 years of experience, the City shall increase the amount of deferred comp available if matched by the Employee by fifty dollars ($50.00) per month effective January 1, 2023 through December 31, 2023 only. Effective January 1, 2024 said $50.00 deferred comp match shall be eliminated.. Fire Captains working while no higher ranking officer is on duty for the shift receive a supplemental payment of approximately $2.00 per hour. The amount of hours worked that are eligible for fire supplemental pay have been averaged pursuant to agreement between the parties and incorporated into the pay scales as stated above. ARTICLE XVII INJURY ON DUTY - SALARY CONTINUATION 17.1 Leave of absence with pay shall be granted to Employees who become incapacitated as a result of injury or occupational disease incurred through no misconduct of their own while in actual performance of City assigned duties. This shall exclude any injuries sustained while performing any voluntary off-duty services for which payment is made by a contracting party other than the City. 17 Council Packet Page Number 99 of 187 G8, Attachment 2 17.2 Such injury leave shall extend for a maximum of one hundred fifty (150) calendar days, unless it is determined sooner by competent medical authority approved by the City Manager, that the Employee can return to any duties for which the Employee may be capable and qualified. At the discretion of the City Manager, the injured Employee may be required to submit to a medical examination at any time by a physician selected by the City. 17.3 During such injury leave, the EMPLOYER shall pay the EmployeeÓs full regular pay rate, either as direct payment from salary funds or as WorkerÓs Compensation insurance benefits, or both, but the total amount paid for loss of time from work shall not exceed the full regular rate of pay such Employee would have received for the period. Such injury leave shall not be charged against the EmployeeÓs annual leave. All payments made to the Employee will be reduced by the total amount of all other injury related benefits for which the Employee is provided as a result of the injury. The Employee must apply for all benefits for which the Employee is eligible as a result of public employment, as soon as the Employee is eligible. The EMPLOYER reserves the right to refuse injury-on-duty pay if such application is not made. In order to receive injury-on-duty pay, the illness or injury must be eligible under workerÓs compensation. 17.4 An Employee who is physically incapacitated and who fails to report within eight (8) hours, followed by a written report within twenty-four (24) hours, any injury, however minor, to his/her supervisor and to take such first aid or medical treatment as may be necessary under the circumstances, shall not be eligible for injury leave as outlined above. ARTICLE XVIII WORKING OUT OF CLASSIFICATION An Employee who is assigned at the sole discretion of the EMPLOYER to perform the work duties and accept the full responsibilities of a higher classificationÎshall receive the starting rate of pay or a minimum of 5% above their normal pay rate for all hours worked at that higher classification for the assignment. ARTICLE XIX FUNERAL/BEREAVEMENT LEAVE A maximum of up to three (3) shifts of funeral/bereavement leave with pay shall be extended to a regular full-time EMPLOYEE upon the death of a member of the immediate family of said EMPLOYEE or his/her spouse (i.e., spouse, children, grandchildren, parents, grandparents, brothers, sisters, brothers-in-law, sisters-in-law, or guardian). Any leave beyond one shift, up to a maximum of three shifts, to be on approval of department head or authorized designee. The actual amount of time off, and funeral leave approved, will be determined by the department head depending on individual circumstances (such as closeness of the relative, arrangements to be made, distance to the funeral, etc.) ARTICLE XIX WAIVER AND SAVINGS CLAUSE 19.1 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 the AGREEMENT are hereby superseded. 18 Council Packet Page Number 100 of 187 G8, Attachment 2 19.2 The parties acknowledge that during the negotiations that resulted in this AGREEMENT, each had the unlimited right and opportunity to make demands and proposals with respect to apny term or condition of employment not removed by law from bargaining. All agreements and understanding arrived at by the parties are set forth in writing in this Agreement for the stipulated duration of this AGREEMENT. 19.3 During the term of this AGREEMENT the EMPLOYER and the ASSOCIATION each voluntarily and unqualifiedly waives the right to meet and negotiate regarding any and all terms and conditions of employment referred to or covered in this AGREEMENT. 19.4 This AGREEMENT is subject to the laws of the United States, the State of Minnesota, and the City of Maplewood. In the event any provision of this Agreement shall be held to be contrary to law by a Court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provision shall be voided. All other provisions of this AGREEMENT shall continue in full force and effect. The voided provision shall be negotiated at the request of either party. ARTICLE XX DURATION st 20.1 This AGREEMENT shall be effective on the 1 of January 2022 2023 and shall st remain in full force and effect through December 31, 20222025. It shall automatically renew from year to year thereafter unless either party shall notify the other in writing in conformance with the Public Employment Labor Relations Act of 1971, et. Seq. that it desires to modify this AGREEMENT. In the event such written notice is given, and a new contract is not signed before the expiration date of the old contact, said contract is to continue in full force and effect until a new contract is signed. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on this the _________ day of ________________________, 2023. FOR THE CITY: FOR THE ASSOCIATION: ___________________________ ______________________________ Marylee Abrams, Mayor ___________________________ ______________________________ Melinda Coleman, City Manager ___________________________ ______________________________ Michael Darrow, Asst. City Manager 19 Council Packet Page Number 101 of 187 G8, Attachment 2 20 Council Packet Page Number 102 of 187 G8, Attachment 2 21 Council Packet Page Number 103 of 187 G8, Attachment 2 Council Packet Page Number 104 of 187 G8, Attachment 2 Council Packet Page Number 105 of 187 G8, Attachment 2 Council Packet Page Number 106 of 187 G9 CITY COUNCIL STAFF REPORT Meeting Date October 9, 2023 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Mychal Fowlds, IT Director r PRESENTER: Mychal Fowlds, IT Directo AGENDA ITEM: Microsoft Software Subscription Renewal Action Requested: MotionDiscussion Public Hearing Form of Action: Resolution OrdinanceContract/Agreement Proclamation Policy Issue: This item includes the renewal of Microsoft subscriptions for O365 and EMS product suites. Within each of these suites are a number of applications and capabilities that every employee in the City uses on a daily basis. Recommended Action: Motion to approve the Microsoft software subscription renewal payment. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is $50,855.60. Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: N/A Strategic Plan Relevance: Financial SustainabilityIntegrated CommunicationTargeted Redevelopment Operational EffectivenessCommunity InclusivenessInfrastructure & Asset Mgmt. As stated above, the timely renewal of these Microsoft software subscriptions ensures that the applications and capabilities remain available to staff. Background Microsoft applications have been the backbone of City operations since computers were introduced to the workforce. In 2019 the City entered into an Enterprise agreement with Microsoft that would provide discounted and consistent pricing for applications and subscriptions. City staff uses the tools included in the O365 and EMS subscriptions on a daily basis to perform their various functions. Attachments 1.SHI quote Council Packet Page Number 107 of 187 G9, Attachment Council Packet Page Number 108 of 187 G9, Attachment Council Packet Page Number 109 of 187 THIS PAGE IS INTENTIONALLY LEFT BLANK Council Packet Page Number 110 of 187 J1 CITY COUNCIL STAFF REPORT Meeting Date October 9, 2023 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Lois Knutson, Administrative Services & Performance Measurement Coordinator PRESENTER: Melinda Coleman, City Manager AGENDA ITEM: Review of Applications for 2024 Charitable Gambling Funds Action Requested: Motion Discussion Public Hearing Form of Action: Resolution Ordinance Contract/Agreement Proclamation Policy Issue: Each year the City of Maplewood solicits requests for Charitable Gambling funds. Every year the requests for funds have exceeded the available funds. That is the case this year, as well. The City Council will be reviewing 8 applications with $57,500 in requests for projects in this yearÓs priority category of Environment & Natural Resources and Safety Programs. The budgeted amount to award is $40,000. Recommended Action: Staff recommends the City Council review the requests and fill out the provided score sheet. Staff will collect the score sheets by October 13 and calculate the final suggested award amounts. The suggested award amounts will be brought before the Council at the October 23, 2023 meeting for approval of final awards. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is $40,000. 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 The City of Maplewood grants funds from the Charitable Gambling Tax Fund to support activities and services that benefit Maplewood residents. This yearÓs priorities are Environment & Natural Resources and Safety Programs. Council Packet Page Number 111 of 187 J1 Background In an effort to make a more significant impact for each organization, the City Council directed staff to develop a three-year rotating schedule, whereby priority for funding will be given to requests that fit into specified categories each year. Year 1 (2022): Social Supports and Senior Citizen Services Year 2 (2023): Youth Programs and Community Engagement & Events Year 3 (2024): Environment & Natural Resources and Safety Programs The City Council approved this modification to the Charitable Gambling Policies on August 23, 2021. Therefore, the funds currently being awarded for 2024, will have priority given to Environment & Natural Resources and Safety Programs. The City initially received 10 applications with $91,500 in requests for the funds available in 2024. Staff vetted the applications to determine which ones best met the criteria established by Council for projects in the category of Environment & Natural Resources and Safety Programs. The following is a list of the organizations who are being considered for awards this year. There are 8 applications with $57,500 in requests. The amount of funds being awarded in 2024 is $40,000. Amount Amount Organization Requested Organization Requested Aquatic Research & $5,000.00 Maplewood Fire Department $7,500.00 Conservation Society, Inc. Presentation of the Blessed Carver Elementary PTO $6,000.00 $1,500.00 Virgin Mary School Fish & Waters Conservation Silver Lake Improvement $10,000.00 $2,500.00 Fund Association Friends of Maplewood Nature $5,000.00 Tubman Family Alliance $20,000.00 Center TOTAL: $57,500.00 Attachments 1. Charitable Gambling Policies, Updated August 23, 2021 2. Summary of 2024 Charitable Gambling Requests 3. 2024 Charitable Gambling Applications meeting priority criteria 4. 2024 Charitable Gambling Score sheet Council Packet Page Number 112 of 187 J1, Attachment1 Council Packet Page Number 113 of 187 J1, Attachment1 Council Packet Page Number 114 of 187 J1, Attachment 2 Council Packet Page Number 115 of 187 J1, Attachment 2 Council Packet Page Number 116 of 187 J1, Attachment 3 Council Packet Page Number 117 of 187 J1, Attachment 3 Council Packet Page Number 118 of 187 J1, Attachment 3 Council Packet Page Number 119 of 187 J1, Attachment 3 Council Packet Page Number 120 of 187 J1, Attachment 3 Council Packet Page Number 121 of 187 J1, Attachment 3 Council Packet Page Number 122 of 187 J1, Attachment 3 Council Packet Page Number 123 of 187 J1, Attachment 3 Council Packet Page Number 124 of 187 J1, Attachment 3 Council Packet Page Number 125 of 187 J1, Attachment 3 Council Packet Page Number 126 of 187 J1, Attachment 3 Council Packet Page Number 127 of 187 J1, Attachment 3 Council Packet Page Number 128 of 187 J1, Attachment 3 Council Packet Page Number 129 of 187 J1, Attachment 3 Council Packet Page Number 130 of 187 J1, Attachment 3 Council Packet Page Number 131 of 187 J1, Attachment 3 Council Packet Page Number 132 of 187 J1, Attachment 3 Council Packet Page Number 133 of 187 J1, Attachment 3 Council Packet Page Number 134 of 187 J1, Attachment 3 Council Packet Page Number 135 of 187 J1, Attachment 3 Council Packet Page Number 136 of 187 J1, Attachment 3 Council Packet Page Number 137 of 187 J1, Attachment 4 AbramsCaveJuenemannLeeVillavicencio d mount A $57,500.00$0.00$0.00$0.00$0.00$0.00 Requeste 2024 Charitable Gambling Funds Score Sheet Organization Aquatic Research & Conservation Society, Inc. $5,000.00Carver Elementary PTO$6,000.00Fish & Waters Conservation Fund$10,000.00Friends of Maplewood Nature Center$5,000.00Maplewood Fire Department$7,500.00Presentation of the Blessed Virgin Mary School$1,500.00Silver Lake Improvement Association$2,500.00Tubman Family Alliance$20,000.00 You have $40,000 to distribute among the groups. Please complete your score sheet and return to Lois by Friday, October 13, 2023 at noon. Any reduction in available funds will result in a proportional reduction of the award amount.Organizations must receive awards from a minimum of three council members to be qualified to receive funding. Council Packet Page Number 138 of 187 J2 CITY COUNCILSTAFF REPORT Meeting Date October 9, 2023 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Elizabeth Hammond, Planner PRESENTER: Danette Parr, Community Development Director AGENDA ITEM: Snake Discovery, 831 Century Avenue North a.Conditional Use Permit Amendment Resolution b.Zoning Map Amendment Ordinance (Requires four votes) Action Requested:MotionDiscussionPublic Hearing Form of Action: Resolution OrdinanceContract/Agreement Proclamation Policy Issue: Snake Discovery has requested to install one exterior light within their parking lot. The property has a conditional use permit from a prior business that operated on the site (a garden center), and one of the conditions explicitly prohibits exterior lighting. An amendment to the conditional use permit is required to proceed with the proposed light. As part of this proposed CUP amendment, city staff reviewed the official controls for this property. It was identified that there was an inconsistency between the zoning of the property and the 2040 Comprehensive Plan designation. State law requires the zoning of parcels to be consistent with the city’s adopted comprehensive plan. The west portion of the property is currently zoned single-dwelling residential, where the parking lot is located. The east portion of the property is zoned business commercial. The city’s 2040 Comprehensive Plan guides the overall property as mixed-use neighborhood, and this land-use designation does not support additional development of single-dwelling homes. This rezoning will eliminate the zoning and land use inconsistency so that the property complies with the future land use designation in the city’s comprehensive plan as required by state law. Recommended Action: a.Motion to approve a conditional use permit amendment resolution for the property at 831 Century Avenue North, subject to certain conditions of approval. b.Motion to approve an ordinance amending the City’s zoning map to rezone the west portion of the property at 831 Century Avenue North from R1, single-dwelling residential, to BC, business commercial. 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 Council Packet Page Number 139 of 187 J2 Use of Reserves Other: n/a Strategic Plan Relevance: Community Inclusiveness Financial & Asset Mgmt Environmental Stewardship Integrated Communication Operational Effectiveness Targeted Redevelopment The city deemed the applicant’s application complete on August 29, 2023. The initial 60-day review deadline for a decision is October 27, 2023. As stated in Minnesota State Statute 15.99, the city can take an additional 60 days (to December 26, 2023), if necessary, to complete the review. Background: Snake Discovery, an indoor educational zoo and retail store featuring reptiles and amphibians, uses the property. The property has a conditional use permit for the previous business, a garden center that operated on the site for many years. The conditional use permit for the property was initially granted in 1971, allowing a parking lot on the property, and was subsequently amended to allow outdoor sales and display. Historically, the property has been used since the 1950s for commercial uses, but when the property for the parking lot was acquired, that area of the parcel maintained a residential designation. The Snake Discovery building, while on a separate legal parcel, is attached to a veterinary clinic and a 10-unit apartment building (formerly a hotel). In 1988, the city council approved re-guiding the property’s land use to commercial and rezoning only a portion of the property to commercial, where the building is located, keeping a part of the property where the parking lot is situated as residential. The surrounding neighbors opposed the business expanding the operations on the parking lot and towards the residential street to the west; as a result, the council decided to rezone only a portion of the property and restrict the use of the back portion. It should be noted that the 2030 and 2040 Maplewood comprehensive plans have guided the entire parcel for either commercial or mixed use – meaning that single-family zoning on any part of the parcel is inconsistent with the comprehensive plan and a violation of state law. Regarding the parking lot, it is within the same parcel of property as the building and has always been used for commercial purposes. Conditions and language within the existing CUP are specific to the previous business. One particular condition states that there cannot be exterior lighting in the parking lot. The applicant is requesting to install one external light in the parking lot to provide visibility and safety for staff and visitors to the zoo and retail store. The proposed light is 25 feet in height. Two fixtures mounted back to back are shown with downcast lighting. The preliminary photometric plan is included with this report for reference. Overall, the photometric plan meets the city’s requirements. There is one small area on the plan along the east property line where the light spread is shown to be 0.5 footcandle of light intensity. Code requires the light spread not to exceed 0.4 footcandle at the property lines. This required change has been communicated to the lighting designer, and they indicated that it would likely result in the light overall being shortened to around 20 feet in height. The rest of the plan shows the light spread under the 0.4 footcandle standard and meeting code. There are no significant issues with the preliminary lighting plan concerning code compliance. The final light design and any future exterior lighting must be reviewed by city staff before installation and achieve city ordinance requirements. Council Packet Page Number 140 of 187 J2 Conditional Use Permit The site has an existing conditional use permit, which prohibits exterior lighting. The applicant formally requests to amend the CUP for an exterior light. The request requires a revision to the CUP and offers the opportunity to review the conditions on the permit so that they better reflect and address the current site conditions. In doing so, staff recommends that the previous requirements under the CUP granted in 1988 be terminated (attached for reference). The property still requires a CUP, as exterior storage or sales occur underneath the canopy area. Staff is recommending the following conditions be placed on the conditional use permit: 1. All previous CUP conditions, including the CUP granted on June 1, 1988, are terminated. 2. The city council will review the permit in one year. 3. Outdoor sales, storage, and display are not permitted in the parking lot. These activities are allowed, however, limited to the area underneath the canopy structure along the west side of the building or at the main entrance on the east side of the building, off Century Avenue. 4. A trash enclosure is required around all trash containers or dumpsters and shall be 100 percent opaque. The enclosure must meet city ordinance requirements in Section 44-19 (e). The owner will submit a plan detailing the proposed location and design of the trash enclosure before installation. The enclosure is required to be maintained at all times. 5. The fence surrounding the parking lot perimeter must be continuously maintained or repaired as needed. The fence shall be 100 percent opaque and 6 feet in height. 6. A landscaped and screened area shall be continuously maintained around the parking lot perimeter. Plantings shall be maintained in a neat and healthy condition. Plantings that have died shall be promptly replaced and must meet city ordinance requirements in Section 44-19 (a) – (d). 7. Exterior lighting is required to be reviewed by city staff before installation and to achieve city ordinance requirements. The applicant will submit all the necessary plans for review as described in Section 44-20 (c) (1). Lighting shall be equipped with an automatic dimmer control. Exterior lighting in the parking lot behind the building must be turned off daily by 10:00 p.m. 8. Customers of the business cannot park on adjacent residential streets. The owner will install a stop sign and a “no left turn” at the parking lot exit onto 7th Street East. The owner will coordinate the location and installation of the signs with the Public Works Department. 9. The city will review the parking conditions in one year. If deemed necessary by the city council and to accommodate additional parking for the site, the owner will expand the parking lot. At that time, the owner will submit a parking plan that includes details on landscaping and fencing. Zoning Map Amendment As part of this current CUP amendment, city staff is proposing to formally rezone the west portion of the property, currently designated as single dwelling residential, where the parking lot is located, to Council Packet Page Number 141 of 187 J2 business commercial. This will clean up the zoning and land use inconsistency, ensuring the property’s zoning complies with the future land use guidance in the city’s comprehensive plan, as state law requires. The current land use guidance for the property is Mixed Use – Neighborhood. Prior City Action and Court Case – Dege Garden Center In 1971, when the conditional use permit was first granted to Dege Garden Center, the permit allowed for the area behind the building to be used as a parking lot for the business. The property was zoned residential, but the CUP allowed the owner to use the area for customer parking. In 1986, the owner obtained a permit to build a garage on the parking lot. The permit was issued in error, and the garage was substantially complete. The city later stopped the owner from completing the garage, stating it violated the CUP. In 1987, the owner filed a declaratory judgment action against the city, and the summary judgment was initially granted in the owner’s favor, allowing him to keep the structure. However, the district court later reversed the decision, ruling in favor of the city and requiring the owner to remove the garage. The summary judgment and appeals ruling from this case are attached for reference, and it does not prohibit the city from formally rezoning the west half of the parcel to comply with the comprehensive plan. ity Council Review Commission and C Planning Commission September 19, 2023: The Planning Commission reviewed the conditional use permit amendment and zoning map amendment ordinance. The commission voted to recommend approval of the conditional use permit, requesting staff to assess the parking on the site. The planning commission voted to deny recommending the rezoning amendment ordinance. The planning commission added the condition of a parking assessment because the number of existing stalls on-site was not known compared to parking requirements. In this case, the parking requirements are based on the floor area of the building. At the meeting, a resident discussed that he experienced people parking on the street outside their property and an overall increase in traffic. Overall, the site has (39) stalls in the back parking lot and (5) stalls in front of the building for a total of (44). The current parking requirement is one stall for every 200 square feet of floor area. The building is 10,500 square feet and would require 52.5 stalls. There are currently “no parking signs” on the north side of Seventh Street and on the west side of Mayhill Road. Regardless, a condition that the business cannot utilize parking on the adjacent residential streets has been added to ensure compliance with surrounding parking regulations. There is space along the north and west property lines where the parking lot could be expanded, closer to the adjacent residential homes, but it would require that the fence be moved and the removal of established trees and shrubs, which provide screening for the site currently. If the parking lot were to be expanded, a condition has been added that the fence and landscaped screening must be maintained. Additional city review and a parking lot permit are required for this type of project. Council Packet Page Number 142 of 187 J2 The applicant has indicated that they rarely experience an issue with their customers being able to park on-site. Staff has visited the site on several occasions and has not seen the parking lot full. The current use has been in place for a number of years, and the only physical change to the property before the council is a request to add an exterior light pole in the parking lot. City Council October 9, 2023: The City Council will review the request and make the final determination on the conditional use permit amendment and zoning map amendment ordinance. Department Comments None. Public Comments Staff sent a public hearing notice and application details to the properties within 500 feet of the subject property. Four written comments were received. 1. I was unable to attend the September 19th Maplewood Planning Commission meeting regarding the Snake Discovery discussion but just watched it on the web site. It seemed that the hearing notice mentioned the main reason for the meeting was for a parking lot light. Obviously, it was more about the residential lot. To be clear: 1) I am ok with a light in the Snake Discovery Parking lot, 2) I do not want the lot zoned to commercial. As soon as that lot is changed to commercial it opens up the potential for changes that I don't want to see in my residential neighborhood. I can't say I've found Snake Discovery to be the most considerate neighbors. I think their business might have gone better than expected so they are looking for ways to expand; well I don't want that in the residential lot. That parking lot needs to continue to stay the way it is. I will be attending the October City Council Meeting to express my concerns. Thank you, (Roseann Cronk, 2695 7th St E) 2. My name is Tim Koenig and my wife Sue and I own the property directly west of the Snake Discovery (825 Mayhill Rd N). We have lived in our home since August of 1998. We would like to be clear on the reasoning for rezoning. It sounded like the owners of Snake Discovery are not requesting it. It sounded like Staff initiated the rezoning just because the current zoning is a little odd and not normal, is that correct? It was brought up by a neighbor at the Public Hearing on September 19 that the CUP be modified and not rezoned. Why is that not possible? If all Snake Discovery wants is a light then why did staff recommend rezoning it? Why not change the CUP and give them a light? Who is the staff and what is their roll compared to the City Council? With the street project that was completed a few years ago we (on Mayhill) are now limited to 1 side of the street parking. Snake Discovery is popular during the summer months, this causes increased traffic and limits parking for the residents th and their guests on 7 St and Mayhill Rd. Also we have a lot of children on our block and the added traffic is a big concern. Parking was also discussed and there was talk of expanding the parking lot and removing the trees and moving the fence. We would not want the current landscaping cut down. It is obstructing the view of the commercial building which is a plus for the neighborhood. We would also request that the fence be made mandatory in the revised CUP. We do want to have head lights shining into our home. Can you confirm the following: The Motion to approve a change to the Conditional Use Permit – passed Council Packet Page Number 143 of 187 J2 contingent on a parking assessment. My understanding of that is that the assessment will happen and then the results will be available to the public. But then what? Will it will be voted on again? According to the mailing the change to the CUP was to “Install one external light pole to be placed in the site’s parking lot”. Is that all that is going to be changed in the CUP? The Motion to approve zoning R1 single to BC (business commercial) did not pass. th So now it goes to the City council to meet on Oct 9. 7:00 pm and they will vote. Will our concerns be taken into consideration before the vote? Do we need to submit our concerns prior to that meeting? Thank you. (Tim & Sue Koenig, 825 Mayhill Rd N) 3. I attended the meeting on September 19, 2023 regarding the snake discovery rezoning to commercial property. I am opposed to rezoning to commercial, there’s no reason they can’t put up a light in their parking lot. It doesn’t even have to be a commercial grade, we all have them on our garages and light up the area very well. It is a residential neighborhood and they knew that when they purchased the property. As far as the residents responding to this notice before the September 19 meeting your notice does not state that must happen. It says if you would like to provide feedback relating to this application, so that was an improper statement you made at the meeting. (Christine Stenger, 2703 7th St E) 4. I live at 777 Mayhill Rd N, Maplewood, MN 55119. My biggest concern is the overflow of parking onto Mayhill and 7th Street. As you mentioned in the last meeting, please review the number of stalls and the parking requirements for commercial use zoning. If this lot is rezoned to commercial is there an opportunity to expand the lot? If this is an idea I would suggest a stipulation to a new CUP amendment that the commercial fence surrounding the full exterior of the property line and landscaping be included to keep the aesthetic of the community. To increase safety I would like to see a No Left Turn sign be placed at the exit of their parking lot. Regarding the light that Snake Discovery would like to install. The Lighting guy that spoke at the meeting was very helpful and I only wonder about the timing that the light will be in use. Will it be on all night? Could there be a timer that would shut it off within 2 hours after closing so it is not on all night? Maybe this would be a good way to work together? Thank you for your time and your review of this matter. (Missy Ek, 777 Mayhill Road) Reference Information Site Description Site Size: 1.04 Acres Existing Land Use: Snake Discovery (Commercial) Surrounding Land Uses North: Single Dwelling Residential South: Commercial and Single Dwelling Residential East: Commercial West: Single Dwelling Residential Planning Existing Land Use: Mixed-Use, Neighborhood Existing Zoning: Commercial and Single Dwelling Residential Attachments: 1. Conditional Use Permit Amendment Resolution 2. Zoning Map Amendment Ordinance Council Packet Page Number 144 of 187 J2 3.Overview Map 4.Future Land Use Map 5.Zoning Map 6.Applicant’s Narrative 7.Preliminary Lighting Plan 8.CUP Conditions, Dated June 1, 1988 9.Summary Judgement, Dated May 12, 1987 10.Minnesota Court of Appeals Decision, Dated December 18, 1987 11.DRAFT Planning Commission Meeting Minutes, Dated September 19, 2023 12.Petition Against Rezoning of Property at 831 Century Avenue North Council Packet Page Number 145 of 187 J2, Attachment 1 CONDITIONAL USE PERMIT AMENDMENT RESOLUTION BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: Section 1. Background. 1.01 Edward Robert, on behalf of Snake Discovery, has requested to amend the Conditional Use Permit for the property located at 831 Century Avenue North. 1.02 The property located at 831 Century Avenue North is legally described as: Lots 31 and 32, Block 1 of Cahanes Acres; That part of Lot 1, Block 1 of Cahanes Acres, except the east 85 feet thereof, lying Southerly of the following described line: Beginning at a point on the West line of Lot 1, 21.9 feet North of the Southwest corner of said Lot, thence easterly to a point on the east line of Lot 1, 16.18 feet north of the Southeast corner of said Lot and there terminating; Also Lot 2, Block 1 of Cahanes Acres, except that part of the east 85 feet lying north of the following described line: Beginning at the northwest corner of said Lot 2; thence easterly to a point on the east line of Lot 2, 5.3 feet south of the northeast corner of said lot and there terminating. PIN: 252922440052 Section 2. Standards. 2.01 General Conditional Use Permit Standards. City Ordinance Section 44-1097(a) states that the City Council must base approval of a Conditional Use Permit on the following nine standards for approval. 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the City’s Comprehensive Plan and Code of Ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would not exceed the design standards of any affected street. Council Packet Page Number 146 of 187 J2, Attachment 1 6.The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site’s natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Section 3. Findings. 3.01 The proposal meets the specific Conditional Use Permit standards. Section 4. City Review Process 4.01 The City conducted the following review when considering this conditional use permit request. 1. On September 19, 2023, the Planning Commission held a public hearing. City staff published a hearing notice in the Pioneer Press and sent notices to the surrounding property owners. The Planning Commission gave everyone at the hearing a chance to speak and present written statements. The Planning Commission recommended that the City Council approve this resolution. 2. On October 9, 2023, the City Council discussed this resolution. They considered reports and recommendations from the planning commission and City staff. Section 5. City Council 5.01 The City Council hereby _______ the resolution. Approval is based on the findings outlined in section 3 of this resolution. Approval is subject to the following conditions: 1. All previous CUP conditions, including the CUP granted on June 1, 1988, are terminated. 2. The city council will review the permit in one year. 3. Outdoor sales, storage, and display are not permitted in the parking lot. These activities are allowed, however, limited to the area underneath the canopy structure along the west side of the building or at the main entrance on the east side of the building, off Century Avenue. 4. A trash enclosure is required around all trash containers or dumpsters and shall be 100 percent opaque. The enclosure must meet city ordinance requirements in Section 44-19 (e). The owner will submit a plan detailing the proposed location Council Packet Page Number 147 of 187 J2, Attachment 1 and design of the trash enclosure before installation. The enclosure is required to be maintained at all times. 5. The fence surrounding the parking lot perimeter must be continuously maintained or repaired as needed. The fence shall be 100 percent opaque and 6 feet in height. 6. A landscaped and screened area shall be continuously maintained around the parking lot perimeter. Plantings shall be maintained in a neat and healthy condition. Plantings that have died shall be promptly replaced and must meet city ordinance requirements in Section 44-19 (a) – (d). 7. Exterior lighting is required to be reviewed by city staff before installation and to achieve city ordinance requirements. The applicant will submit all the necessary plans for review as described in Section 44-20 (c) (1). Lighting shall be equipped with an automatic dimmer control. Exterior lighting in the parking lot behind the building must be turned off daily by 10:00 p.m. 8. Customers of the business cannot park on adjacent residential streets. The th owner will install a sign, “no left turn,” at the parking lot exit onto 7Street East. The owner will coordinate the location and installation of the sign with the Public Works Department. 9. The city will review the parking conditions in one year. If deemed necessary by the city council and to accommodate parking for the site, the owner will expand the parking lot. At that time, the owner will submit a parking plan that includes details on landscaping and fencing. _______________ by the City Council of the City of Maplewood, Minnesota, on October 9, 2023. Council Packet Page Number 148 of 187 J2, Attachment 2 A ZONING MAP AMENDMENT ORDINANCE REZONING THE PROPERTY LOCATED AT 831 CENTURY AVENUE NORTH FROM THE R1, SINGLE DWELLING RESIDENTIAL DISTRICT TO THE BC, BUSINESS COMMERCIAL DISTRICT The City of Maplewood, Minnesota Ordains: Section 1. 1.01 The property located at 831 Century Avenue North is legally described as: Lots 31 and 32, Block 1 of Cahanes Acres; That part of Lot 1, Block 1 of Cahanes Acres, except the east 85 feet thereof, lying Southerly of the following described line: Beginning at a point on the West line of Lot 1, 21.9 feet North of the Southwest corner of said Lot, thence easterly to a point on the east line of Lot 1, 16.18 feet north of the Southeast corner of said Lot and there terminating; Also Lot 2, Block 1 of Cahanes Acres, except that part of the east 85 feet lying north of the following described line: Beginning at the northwest corner of said Lot 2; thence easterly to a point on the east line of Lot 2, 5.3 feet south of the northeast corner of said lot and there terminating. PIN: 252922440052 1.02 The property is hereby rezoned from R1, single dwelling residential district, to BC, business commercial district. Section 2. 2.01 This ordinance is based on the following findings: 1. The rezoning to BC, business commercial district would result in land use and development compatible with the existing surrounding development type. 2. The rezoning would be consistent with the intent of the zoning ordinance and the comprehensive plan. 3. The rezoning would be consistent with public health, safety, and welfare. Section 3. 3.01 This ordinance is effective upon publication in the city’s official newspaper. _________ by the City Council of the City of Maplewood, Minnesota, on October 9, 2023. Council Packet Page Number 149 of 187 J2, Attachment 3 Council Packet Page Number 150 of 187 J2, Attachment 4 Council Packet Page Number 151 of 187 J2, Attachment 5 Council Packet Page Number 152 of 187 J2, Attachment 6 The property thibeing is is there is n s open is, d the (, The TL neighbors, e - not or dep described t g The intended Council Packet Page Number 153 of 187 J2, Attachment 7 Council Packet Page Number 154 of 187 J2, Attachment 7 PROJECT NAMEDATE CAT. NUMBER NOTES SPEC SHEET R IC E A M N A A Y C U T B Site Lighter (SL1) C T EXTERIOR LED FIXTURE O N M A I P L KEY FEATURES ҉Wr"vq"396"NRY ҉:.722"vq"84.222"nwogpu Guaranteed Performance 10 YEAR ҉Wr"vq"77E PERFORMANCE WARRANTY for 10 years, including lumen output (L70), color L70 temperature, and LED driver. ҉422/6:2X"jkij/xqnvcig" ftkxgt"*qrvkqpcn+ ҉Fkoocdng"2/32X Superior Heat Dissipation Extruded aluminum body is exceptional at moving ҉Ecnewncvgf"N92"@"3:;.222" thermal energy. 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Plus ҉Vwtvng/htkgpfn{"nkijvkpi" motion and dimming sensors, photocell and wireless qrvkqp"cxckncdng controls available. info@linmoreled.com© 2023 Linmore LED Labs, Inc. - 1 - Council Packet Page Number 155 of 187 J2, Attachment 7 TECHNICAL SPECS TYPEFRONT ROWFLOOD T2T3T4T5FRFLF60F35 HousingWatts SM 508,6768,6768,5988,6768,6768,6768,4398,336 SM 7512,28412,28412,16112,28412,28412,28411,91611,793 SM 10016,72916,72916,56216,72916,72916,72916,22716,060 MD 12521,17621,17620,96521,17621,17621,17620,54120,329 MD 15024,39724,39724,15324,39724,39724,39723,66523,421 MD 20030,98030,98030,67030,98030,98030,98030,05129,741 LG 25038,03538,03537,65438,03538,03538,03536,89436,514 LG 30046,93546,93546,46546,93546,93546,93545,52745,057 XL 40062,34162,34161,71862,34162,34162,34160,47159,847 Typical lumen output (±10%) at 120V (LV) under 25°C ambient temperature. Lumen MultipliersTurtle-Friendly Lighting Available (2800K CCT) Allows to calculate the actual lumen output for your application.Our 2800K CCT option provides an optimized spectrum for turtles, based on long-wavelength lighting with minimal to zero amount of blue content. COLOR TEMP CCT Multiplier 50001.000 40001.000 35000.980 9 3000-- 9 2800 0.876 Turtle-friendly 9 Spectrum Parameters 22000.780 Blue content (400nm-700nm): 0.14% Peak wavelength: 579nm Bug Ratings HOUSINGWATTSOPTICBUG RATEOPTICBUG RATEOPTICBUG RATEOPTICBUG RATE SM 50T5B3-U0-G1T4B1-U0-G1T3B1-U0-G1T2B1-U0-G1 SM 75T5B4-U0-G2T4B1-U0-G2T3B1-U0-G2T2B2-U0-G1 SM 100T5B4-U0-G2T4B2-U0-G2T3B2-U0-G2T2B2-U0-G1 MD 125T5B4-U0-G2T4B2-U0-G2T3B2-U0-G2T2B2-U0-G1 MD 150T5B5-U0-G3T4B2-U0-G2T3B2-U0-G2T2B2-U0-G1 MD 200T5B5-U0-G3T4B2-U0-G2T3B2-U0-G2T2B3-U0-G2 LG 250T5B5-U0-G3T4B2-U0-G2T3B2-U0-G2T2B3-U0-G2 LG 300T5B5-U0-G3T4B2-U0-G3T3B2-U0-G3T2B3-U0-G2 XL 400T5B5-U0-G4T4B2-U0-G3T3B2-U0-G3T2B3-U0-G4 info@linmoreled.com© 2023 Linmore LED Labs, Inc. - 2 - Council Packet Page Number 156 of 187 J2, Attachment 7 ORDERING SERIES MODEL HOUSING SIZEWATTAGE (WD)KELVINOPTICVOLTS 9 50WDUNV SM22KT2 LL-SL1- 120-277V Small 2200KType 2 75WD 0-10V dimming 50WD, 75WD, 100WD 9 28KT3 100WDHV MD 2800K (turtle-friendly)Type 3 200-480V Medium 9 125WD 0-10V dimming 125WD, 150WD, 200WD 30KT4 3000KType 4 6 150WD LG Large 35KT5 200WD 250WD, 300WD3500KType 5 6 250WD XL40KFR Extra Large4000KFront Row Right 300WD 400WD 50KFL 400WD 5000KFront Row Left WD = wattage dimming F35 Flood 35 degrees F60 Flood 60 degrees GENERATIONHOUSING COLORMOUNTINGOPTIONS G2 BRNRMBPC Generation 2 BronzeRapid Mount Bracket Photocell, button, mounted in side plate, 120-480V BLKSF Black Slip Fitter BracketPhotocell, Twist Lock, 120-480V, depending on model 6 WHSASSP WhiteStandard Arm Bracket20kA Surge Suppressor, 120-277V 4 CUSTMSSPH Custom (special order)Trunnion Mount Bracket20kA Surge Suppressor, 480V 12 GSB Glare Shield Back, contact factory * For more information about 5,12 GSS mounting download our Outdoor Glare Shield Side, contact factory Lighting Guide > Wattstopper 0-10V dimming sensor, 12V Wattstopper 0-10V dimming sensor, 120-277V 13 ULTRA Linmore Bluetooth Wireless Fixture Controller, 12V Input, Silvair Firmware 13 ULTRAHGA Linmore Bluetooth Wireless Fixture Controller, 12V Input, Silvair Firmware, Includes 2.4GHz Omni Directional High-Gain Antenna. 13 ULTRADIM20 UltraLink Wireless Fixture Controller with Sensor, PIR, 20FT, BLE 13 ULTRADIM40 UltraLink Wireless Fixture Controller with Sensor, PIR, 40FT, BLE ORDERING EXAMPLES Standard: LL-SL1-MD-150WD-50K-T3-UNV-G2-BRN-SA With Options: LL-SL1-MD-150WD-50K-T3-UNV-G2-BRN-SA-ULTRADIM20-GSB info@linmoreled.com© 2023 Linmore LED Labs, Inc. - 3 - Council Packet Page Number 157 of 187 J2, Attachment 7 OPTICS PART NUMBERDESCRIPTION T2 Type 2 Optics T3 Type 3 Optics T4 Type 4 Optics T5 Type 5 Optics FL Front Row Optics Left FR Front Row Optics Right F35 Flood Optics 35 Degrees F60 Flood Optics 60 Degrees ACCESSORIES Must be ordered separately. Packaged separately. ADAPTER Part NumberDescription LL-SL1-A30-BRN GLARE SHIELDS LL-SL1-SM-GSB-G2Site Lighter Glare Shield Back for use with Small Chassis (50-100W) LL-SL1-MD-GSB-G2Site Lighter Glare Shield Back for use with Medium Chassis (125-200W) LL-SL1-LG-GSB-G2Site Lighter Glare Shield Back for use with Large Chassis (300W) LL-SL1-XL-GSB-G2Site Lighter Glare Shield Back for use with Extra Large Chassis (400W) LL-SL1-ALL-GSS-G2Side Lighter Glare Shield Side for use with All Models, each info@linmoreled.com© 2023 Linmore LED Labs, Inc. - 4 - Council Packet Page Number 158 of 187 J2, Attachment 7 CONTROLS FSP-L2360° lens, max coverage 48' diameter from 8' height for use with FSP-201 FSP-L3360° lens, max coverage 40' diameter from 20' height for use with FSP-201 FSP-L4360° lens, max coverage 60' diameter from 40' height for use with FSP-201 FSIR-100 ADDING CUSTOMER CONSIGNED CONTROLS. Contact Factory. ULTRALINK Gateway, Long Range Bluetooth Mesh, 800 MHz ARM with 512 MB RAM, 8 GB Storage, Hardware Security Module, ULTRAGATEWAY Encrypted File System, Secure Boot, Interior Installation Only ULTRAGATEWAYEXT required. Gateway included. ULTRASRBluetooth Wireless, self-powered Dimming Wall Switch, Single Rocker, On/Off/Dim, for use with UltraLink ULTRADRBluetooth Wireless, self-powered Dimming Wall Switch, Double Rocker, On/Off/Dim/Scenes, for use with UltraLink Dashboards for Energy, Occupancy Heat Mapping, and Energy Heat Mapping. Gateway (ULTRAGATEWAY) required, SCS-2 Sold Separately ULTRAACT ULTRADESIGNUltraLink System Design Services Battery Backup Bluetooth Node, includes outdoor rated enclosure and long range antenna. For use to keep time during PSC-TKP-200-BLE-SR a power outage and for in node scheduling info@linmoreled.com© 2023 Linmore LED Labs, Inc. - 5 - Council Packet Page Number 159 of 187 J2, Attachment 7 MOUNTING OPTIONS RMBSASFTM Rapid Mount BracketStraight ArmSlip FitterTrunnion (Yoke) Mount Bracket U.S. Patent No. 10,845,039 Slip Fitter Straight Arm Rapid Mount Bracket (Knuckle Adapter) 70:97҄ 5҄ 7057҄ 8҄ 70347҄ 707҄ ;҄ 9055҄ 9҄ 4097҄ 7057҄ 407҄ 307҄ Trunnion Bracket (Yoke) Cannot be mounted at an angle greater than 60°. info@linmoreled.com© 2023 Linmore LED Labs, Inc. - 6 - Council Packet Page Number 160 of 187 J2, Attachment 7 MOUNTING ACCESSORIES Must be ordered separately. 7 TENONS (WALL BRACKETS) Part NumberDescription Horizontal Tenon for Round Poles SL1 Fixtures with a Slip Fitter Bracket or for adding Cross Arms Vertical Tenon (wall mount), providing a vertical round pipe for mounting SL1 Fixtures with a Slip Fitter Bracket or adding Cross Arms Single Fixture Multi-Mount Tenon, adds a round pipe for mounting SL1 Fixtures to a variety of vertical and horizontal 7 ADAPTERS Round to Square Pole Adapter, to mount a Straight Arm Mount to a round pole Uswctg"vq"Xgtvkecn"Unkr"Hkvvgt"Cfcrvgt."eqpxgtvu"6҄"uswctg"rqng"vq"4/51:҄"Q0F0."xgtvkecn"oqwpv Uswctg"vq"Xgtvkecn"Unkr"Hkvvgt"Cfcrvgt."eqpxgtvu"7҄"uswctg"rqng"vq"4/51:҄"Q0F0."xgtvkecn"oqwpv Uswctg"vq"Xgtvkecn"Unkr"Hkvvgt"Cfcrvgt."eqpxgtvu"8҄"uswctg"rqng"vq"4/51:҄"Q0F0."xgtvkecn"oqwpv Tqwpf"Rqng"vq"Xgtvkecn"Unkr"Hkvvgt"Cfcrvgt."dtcemgv"tgfwegu"htqo"5҄"rqng"vq"4/51:҄"Q0F0"xgtvkecn"oqwpv Tqwpf"Rqng"vq"Xgtvkecn"Unkr"Hkvvgt"Cfcrvgt."dtcemgv"tgfwegu"6҄"tqwpf"rqng"vq"4/51:҄"Q0F0."xgtvkecn"oqwpv Encor/Qp"Okf/Rqng"Cfcrvgt."hqt"wug"ykvj"6҄/7҄"uswctg"rqngu0"Rtqxkfgu"c"tqwpf"xgtvkecn"rkrg"hqt"oqwpvkpi"UN3"Hkzvwtgu" with a Vertical Slip Fitter Adapter at a position on the pole other than the top 8 CROSS ARMS Vyq"Hkzvwtg"Dwnnjqtp"*uvtckijv"etquu"cto+."cfcrvu"htqo"ukping"4/51:҄"Q0F0"vq"vyq"4/51:҄"Q0F0"xgtvkecn"oqwpvkpi"nqecvkqpu." 4:҄"qp"egpvgt"crctv Vjtgg"Hkzvwtg"\["Vgpqp"*342"etquu"cto+."cfcrvu"htqo"ukping"4/51:҄"Q0F0"vq"vjtgg"4/51:҄"Q0F0"xgtvkecn"oqwpvkpi"nqecvkqpu." 4:҄"qp"egpvgt"crctv Vjtgg"Hkzvwtg"Uvtckijv"Vgpqp"*uvtckijv"etquu"cto+."cfcrvu"htqo"ukping"4/51:҄"Q0F0"vq"vjtgg"4/51:҄"Q0F0"xgtvkecn"oqwpvkpi" nqecvkqpu."4:҄"qp"egpvgt"crctv Hqwt"Hkzvwtg";2"Etquu"Cto."cfcrvu"htqo"ukping"4/51:҄"Q0F0"vq"hqwt"4/51:҄"Q0F0"xgtvkecn"oqwpvkpi"nqecvkqpu."4:҄"qp"egpvgt" apart Vjtgg"Hkzvwtg"V"Vgpqp"*;2"etquu"cto+."cfcrvu"htqo"ukping"4/51:҄"Q0F0"vq"vjtgg"4/51:҄"Q0F0"xgtvkecn"oqwpvkpi"nqecvkqpu." 4:҄"qp"egpvgt"crctv Vyq"Hkzvwtg"N"Vgpqp"*;2"etquu"cto+."cfcrvu"htqo"ukping"4/51:҄"Q0F0"vq"vyq"4/51:҄"Q0F0"xgtvkecn"oqwpvkpi"nqecvkqpu." 44087҄"qp"egpvgt"crctv For more information about all mounting accessories, download our Outdoor Lighting Guide > info@linmoreled.com© 2023 Linmore LED Labs, Inc. - 7 - Council Packet Page Number 161 of 187 J2, Attachment 7 FEATURES & SPECIFICATIONS CONSTRUCTION ɡ8Ęă÷ć²¶² !ÚćàÉáćà -è²ęɢ Improves heat dissipation. ɡH¶ŸĒęʈ4ćăę sèē²¶÷ .èŸăÉáÁɢ Bronze, white and black standard. 11 Other color options available. ɡ`貶÷á Bè÷à BŸ¬ăè÷ɨ ɡ!ûû¶à«Ú¶² Éá ăƶ „z!ɨ ELECTRICAL ɡsèē¶÷ Káôćăɢ 120-277V or 200-480V, depending on model. WARRANTY ɡsèē¶÷ BŸ¬ăè÷ɢ >0.9 (0.99 typical). ɡșȘ –¶Ÿ÷ s¶÷Àè÷àŸá¬¶ Ÿ÷÷Ÿáăęɢ ɡ€èăŸÚ HŸ÷àèáɬ 4Éûăè÷ăÉèáɢ <10% typical. guaranteed for 10 years, including lumen maintenance (L70), color temperature, and LED driver. ҃Fghgevkxg҄"ku"eqpukfgtgf"kh"vgp"rgtegpv" ɡzć÷Á¶ s÷è㶬ăÉèáɢ Standard is 3kV for drivers. Additional surge protection is available. total lumen depreciation exceeds 30% (L70), or color temperature has shifted more than 500° Kelvin within the warranty period. See terms and conditions at https://linmoreled.com/warranty OPERATION ɡ8áĒÉ÷èáà¶áăɢ Wet locations for exterior applications. IP65 rated. LISTINGS & CERTIFICATIONS ɡ!à«É¶áă vŸáÁ¶ gô¶÷ŸăÉèáɢ -40°C up to 55°C (-40°F up to 130°F). ҉WN"37;:0 ҉KR870 OPTICS ҉HEE"EHT"69."Rctv"37<"Uwdrctv"D"Encuu"D0 ɡ..€ɢ 2200K, 2800K (turtle-friendly), 3000K, 3500K,4000K, and 5000K ҉CPUK"E8506<"42360 standard. ҉TqJU"eqornkcpv0 ɡ.vKɢ >70. ҉eWN0 ɡZ¶áû¶ûɢ UV stable clear polycarbonate. ҉DCC1VCC"Eqornkcpv0 1 ҉Fgukip"Nkijvuԑ"Eqpuqtvkwo"Rtgokwo0 MOUNTING ɡ`èćáăÉáÁɢ U.S. Patented Rapid Mount Bracket. Other options are Slip Fitter (Knuckle Adapter), Straight Arm and Trunnion (Yoke) Bracket. R IC E A M N A A Y C U T B C T O N MA I PL 2 CONTROLS ɡ4ÉààÉáÁɢ 0-10V standard. Dim to OFF. ɡz¶áûè÷ûɢ Compatible with Wattstopper and McWong sensors, and Enocean switches. 10 ɡa¶ăēè÷׶² .èáă÷èÚ gôăÉèáûɢ Compatible with Avi-on networked 13® controls and UltraLink SIG Bluetooth with Mesh Networked 3 controls. info@linmoreled.com© 2023 Linmore LED Labs, Inc. - 8 - Council Packet Page Number 162 of 187 J2, Attachment 7 LIGHT DISTRIBUTION Download IES FilesDownload IES Files 50W T5 3500K50W T2 3500K Polar GraphPolar Graph Maximum Candela: 3439Maximum Candela: 7386 Located at horizontal angle: 45, Vertical angle : 70Located at horizontal angle: 70, Vertical angle : 62.5 50W T3 3500K50W T4 3500K Polar GraphPolar Graph Maximum Candela: 6360Maximum Candela: 6670 Located at horizontal angle: 65, Vertical angle : 65Located at horizontal angle: 50, Vertical angle : 65 info@linmoreled.com© 2023 Linmore LED Labs, Inc. - 9 - Council Packet Page Number 163 of 187 J2, Attachment 7 LIGHT DISTRIBUTION Download IES Files 50W F35 3500K50W F60 3500K Polar GraphPolar Graph Maximum Candela: 21707Maximum Candela: 5943 Located at horizontal angle: 90, Vertical angle : 0Located at horizontal angle: 0, Vertical angle : 13 50W FR 3500K50W FL 3500K Polar GraphPolar Graph Maximum Candela: 7047Maximum Candela: 7137 Located at horizontal angle: 15, Vertical angle : 67.5Located at horizontal angle: 345, Vertical angle : 67.5 info@linmoreled.com© 2023 Linmore LED Labs, Inc. - 10 - Council Packet Page Number 164 of 187 J2, Attachment 7 DIMENSIONS & DRAWINGS 47047҄ 3;092҄ 35067҄ 32057҄ 39҄ 39҄ 39҄ 39҄ 6҄ 307҄ Small (SM)Medium (MD)Large (LG)Extra Large (XL) Weight: 14 lbs.Weight: 16 lbs.Weight: 24 lbs.Weight: 37 lbs. DIMENSIONS SizeLength (in)Width (in)Height (in)Weight (lb) SM1710.35414 MD1713.45416 LG1719.70424 XL1725.25437 OCCUPANCY SENSORS WATTSTOPPERULTRAPIRxx(For use with UltraLink) OCC40 / OCCDIM40 Top View 50' Side View 25' 0' 100 ft 0' 15' 25' 27' 40' 50' 50'40'30'20'10'0'10'20'30'40'50' 50'25'0'25'50' info@linmoreled.com© 2023 Linmore LED Labs, Inc. - 11 - Council Packet Page Number 165 of 187 J2, Attachment 7 EPA RATINGS BEAM NO.ITEM ANGLE 1SM0.580.81 1.151.291.29 2MD0.580.85 1.151.301.30 0° 3LG0.580.98 1.151.321.32 4XL0.581.07 1.151.331.33 1SM0.591.111.171.691.69 2MD0.671.25 1.332.002.00 15° 3LG0.971.561.942.902.90 4XL1.241.83 2.483.733.73 1SM0.851.44 1.702.552.55 2MD1.101.69 2.213.313.31 30° 3LG1.602.19 3.204.804.80 4XL2.042.63 4.086.126.12 1SM1.151.74 2.293.443.44 2MD1.482.07 2.974.454.45 45° 3LG2.142.73 4.296.436.43 4XL2.743.33 5.478.218.21 1SM1.37 1.96 2.744.114.11 2MD1.77 2.36 3.545.325.32 60° 3LG2.56 3.15 5.117.677.67 4XL3.26 3.85 6.529.789.78 EPA ratings measured in square feet. Council Packet Page Number 166 of 187 J2, Attachment 7 FOOTNOTES 1. Check QPL for up-to-date listings. 2. Synapse, Daintree and Enlighted are available with extended lead time. Electrical changes and additional components required to 3. Requires an Enocean switch, McWong sensor or a gateway for complete functionality. 4. Provide RAL or contact factory. Extended lead time. 5. Must specify left or right side. Contact factory. 6. 7. applied. Custom color is a cost adder with extended lead time. 8. applied. Custom color will have extended lead time. 9. Not DLC listed. 10. Contact your regional sales director. 11. Custom colors are a cost adder with extended lead time. 12. installation. Contact factory. 13. controls to ensure the correct bill-of-materials. Linmore LED cannot manufacture your UltraLink order without this information. Linmore LED Labs, Inc. 2360 S Orange Ave, Fresno, CA 93725 559 485 6010 | info@linmoreled.com | linmoreled.com Updated: 2023.02.14 Council Packet Page Number 167 of 187 J2, Attachment 8 Council Packet Page Number 168 of 187 J2, Attachment 9 Council Packet Page Number 169 of 187 J2, Attachment 9 Council Packet Page Number 170 of 187 J2, Attachment 9 Council Packet Page Number 171 of 187 J2, Attachment 10 Council Packet Page Number 172 of 187 J2, Attachment 10 Council Packet Page Number 173 of 187 J2, Attachment 10 Council Packet Page Number 174 of 187 J2, Attachment 10 Council Packet Page Number 175 of 187 J2, Attachment 10 Council Packet Page Number 176 of 187 J2, Attachment 10 Council Packet Page Number 177 of 187 J2, Attachment 10 Council Packet Page Number 178 of 187 J2, Attachment 11 MINUTES MAPLEWOOD PLANNING COMMISSION 7:00 P.M. Tuesday, September 19, 2023 City Hall, Council Chambers 1830 County Road B East A.CALL TO ORDER A meeting of the Commission was held and called to order at 7:01 p.m. by Chairperson Desai B.ROLL CALL Tushar Desai, ChairpersonPresent Lue Yang, Vice ChairpersonPresent Paul Arbuckle,CommissionerAbsent Frederick Dahm, CommissionerPresent John Eads, CommissionerPresent Allan Ige, CommissionerPresent Tom Oszman, CommissionerAbsent Staff Present:Elizabeth Hammond, Planner C.APPROVAL OF AGENDA Commissioner Dahm moved to approve the agenda as presented. Seconded by Vice Chairperson YangAyes – All The motion passed. D.APPROVAL OF MINUTES 1.August 15, 2023PlanningCommission MeetingMinutes oved to approve the August 15, 2023 PlanningCommission Meeting Minutes CommissionerIge m as submitted. Seconded by CommissionerYang Ayes – All The motion passed. E.PUBLIC HEARING 1.Snake Discovery, 831 Century Avenue North a.Conditional Use Permit Amendment Resolution b.Zoning Map Amendment Ordinance Elizabeth Hammond, Planner, gave the presentationand answered questions from the Commission. ChairpersonDesaiopened the public hearing. September 19, 2023 1 PlanningCommission Meeting Minutes Council Packet Page Number 179 of 187 J2, Attachment 11 The following individuals addressed the commission regarding the request: 1.Emily Roberts, Snake Discovery – 831 Century Ave, Maplewood 2.Thu Tran, Resident – 814 Mayhill Road, Maplewood 3.Rob Stenger, Resident – 814 Mayhill Road, Maplewood 4.Greg Kraushaar, Lighting Specialist (contractor for Snake Discovery’s proposed light) – 7341 Hydram Ave S, Cottage Grove th 5.Joe Koegel, Resident – 2677 7Street East, Maplewood th 6.Chris Stenger, Resident – 2703 7Street East, Maplewood Chairperson Desaiclosed the public hearing. Commissioner Dahmmovedto approve a conditional use permit amendment resolution for the property at 831 Century Avenue North, contingent upon a parking assessment and subject to certain conditions of approvalas outlined by staff. CONDITIONAL USE PERMIT AMENDMENT RESOLUTION BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: Section 1. Background. 1.01Edward Robert, on behalf of Snake Discovery, has requested to amend the Conditional Use Permit for the property located at 831 Century Avenue North. 1.02Theproperty located at 831 Century Avenue North is legally described as: All of Lots 2, 31 and 32, Block 1, and that part of Lot 1, Block 1 described as follows: Beginning at the southeast corner of said Lot 1; thence westerly to the southwest corner of said Lot 1; thence northerly along the west line of said Lot 1 a distance of 21.9 feet; thence easterly to a point on the east line of said Lot 1 16.18 feet North of said southeast corner of Lot 1; thence southerly to the point of beginning. All inCAHANES ACRES, Ramsey County, Minnesota. PIN: 252922440052 Section 2. Standards. 2.01 General Conditional Use Permit Standards. City Ordinance Section 44-1097(a) states that the City Council must base approval of a Conditional Use Permit on thefollowing nine standards for approval. 1.The use would be located, designed, maintained, constructed and operated to be in conformity with the City’s Comprehensive Plan and Code of Ordinances. 2.The use would not change the existing or planned character of the surrounding area. 3.The use would not depreciate property values. 4.The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a September 19, 2023 2 PlanningCommission Meeting Minutes Council Packet Page Number 180 of 187 J2, Attachment 11 nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5.The use would not exceed the design standards of anyaffected street. 6.The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7.The use would not create excessive additional costs for public facilities or services. 8.The use would maximize the preservation of and incorporate the site’s natural and scenic features into the development design. 9.The use would cause minimal adverse environmental effects. Section 3. Findings. 3.01 The proposal meets the specific Conditional Use Permit standards. Section 4. City Review Process 4.01The City conducted the following review when considering this conditional use permit request. 1.On September 19, 2023, the Planning Commission held a public hearing. City staff published a hearing notice in the Pioneer Press and sent notices to the surrounding property owners. The Planning Commission gave everyone at the hearing a chance to speak and present written statements. The Planning Commission recommended that the City Council ________ this resolution. 2.On October 9, 2023, the City Council discussed this resolution. They considered reports and recommendations from the planning commission and City staff. Section 5.City Council 5.01The City Council hereby _______ the resolution.Approval is based on the findings outlined in section 3 of this resolution. Approval is subject to the following conditions: 1.All previous CUP conditions, including the CUP granted on June 1, 1988, are terminated. 2.The city council will review the permit in one year. 3.Outdoor sales, storage, and display are not permitted in the parking lot. These activities are allowed, however, limited to the area underneath the canopy structure along the west side of the building or at the main entrance on the east side of the building, off Century Avenue. 4.A trash enclosure is required around all trash containersor dumpstersand shall be 100 percent opaque. The enclosure must meet city ordinance requirements in Section 44-19 (e). The enclosure is required to be maintained at all times. September 19, 2023 3 PlanningCommission Meeting Minutes Council Packet Page Number 181 of 187 J2, Attachment 11 5.The fence surrounding the parking lot perimeter must always be maintained or repaired as needed. 6.Exterior lighting is required to be reviewed by city staff before installation and to achieve city ordinance requirements. The applicant will submit all the necessary plans for review as described in Section 44-20 (c) (1). Seconded by CommissionerEadsAyes – All The motion passed. CommissionerDahmmoved to approve an ordinance amending the City’s zoning map to rezone the west portion of theproperty at 831 Century Avenue North from R1, single-dwelling residential, to BC, business commercial. A ZONING MAP AMENDMENT ORDINANCE REZONING THE PROPERTY LOCATED AT 831 CENTURY AVENUE NORTH FROM THE R1, SINGLE DWELLING RESIDENTIAL DISTRICT TO THE BC, BUSINESS COMMERCIAL DISTRICT The City of Maplewood, Minnesota Ordains: Section 1. 1.01The property located at 831 Century Avenue North is legally described as: All of Lots 2, 31 and 32, Block 1, and that part of Lot 1, Block 1 described as follows: Beginning at the southeast corner of said Lot 1; thence westerly to the southwest corner of said Lot 1; thence northerly along the west line of said Lot 1 a distance of 21.9 feet; thence easterly to a point on the east line of said Lot 1 16.18 feet North of said southeast corner of Lot 1; thence southerly to the point of beginning. All in CAHANES ACRES, Ramsey County, Minnesota. PIN: 252922440052 1.02 The property is hereby rezoned from R1, single dwelling residential district, to BC, business commercial district. Section 2. 2.01This ordinance is based on the following findings: 1.The rezoning to BC, business commercial district would result inland use and developmentcompatible with the existing surrounding development type. 2.The rezoning would be consistent with the intent of the zoning ordinance and the comprehensive plan. 3.The rezoning would be consistent with public health, safety, and welfare. Section 3. 3.01This ordinance is effective upon publicationin the city’s official newspaper. Seconded by Vice Chairperson YangAyes – Chairperson Desai and Vice Chairperson Yang September 19, 2023 4 PlanningCommission Meeting Minutes Council Packet Page Number 182 of 187 J2, Attachment 11 Nayes – Commissioner Dahm, Ige and Eads The motion failed. This item will go to the city council on October 9, 2023 F.NEW BUSINESS None G.UNFINISHED BUSINESS 1. Development Code Updates Rita Trappand Kendra Ellner, HKGi, gave the presentation and answered questions from the commission. H.COMMISSIONPRESENTATIONS None I.STAFFPRESENTATIONS 1.Sacred Communities and Micro-Unit DwellingsUpdate Elizabeth Hammond, Planner, gave the presentation and answered questions from the commission. J.VISITORPRESENTATIONS None K.ADJOURNMENT Chairperson Tesai adjourned the meeting at 9:02 p.m September 19, 2023 5 PlanningCommission Meeting Minutes Council Packet Page Number 183 of 187 J2, Attachment 12 Council Packet Page Number 184 of 187 J2, Attachment 12 Council Packet Page Number 185 of 187 J2, Attachment 12 Council Packet Page Number 186 of 187 J2, Attachment 12 Council Packet Page Number 187 of 187 For the permanent record: Meeting Date: 10/09/2023 Agenda Item J2, Additional Attachment 1 For the permanent record: Meeting Date: 10/09/2023 Agenda Item J2, Additional Attachment 2 For the permanent record: Meeting Date: 10/09/2023 Agenda Item J2, Additional Attachment 3 For the permanent record: Meeting Date: 10/09/2023 Agenda Item J2, Additional Attachment 3 For the permanent record: Meeting Date: 10/09/2023 Agenda Item J2, Additional Attachment 3 For the permanent record: Meeting Date: 10/09/2023 Agenda Item J2, Additional Attachment 3 For the permanent record: Meeting Date: 10/09/2023 Agenda Item J2, Additional Attachment 4 y r e v o c s i D e k a 831 Century Avenue N1.04 AcresSnake Discovery purchased the property in December 2019 Ïand began operating on the site in September 2021The building, while on a separate legal parcel, is attached to a veterinary clinic and a 10-unit apartment building (formerly a hotel)Conditional Use Permit (CUP) Amendment Rezoning a portion of property Ïeliminates a zoning and land use inconsistency (staff initiated) ¤¤¤¤¤¤ n Operates an indoor educational zoo and a retail commercial store Ïfeaturing reptiles and amphibians, and pet supplies Requesting City Council approval for: S ¤¤ For the permanent record: Meeting Date: 10/09/2023 Agenda Item J2, Additional Attachment 4 y r e v o c s i D e k FLU (Future Land Use): Mixed-Use, NeighborhoodComprehensive Plan guides the property forcommercial retail or service businesses, offices, and medium-to high-density housing (8-31 units per acre)The CUP is related to the existing commercial retail business on the property, meeting this intent, and rezoning the property to commercial meets the intent of our Comprehensive Plan a ¤¤¤ n Current Controls of Property S ¤ For the permanent record: Meeting Date: 10/09/2023 Agenda Item J2, Additional Attachment 4 l a h i c c i a f f e Ñ o : t d 3 p - e t 1 o . p d b o a u ld l S a a s 5 y h t s i 6 r 8 t . i n i Ò 3 e n É 7 d u v n 4 l e a a b l e ti o t r p n u c e c t e s a v e i s m t s d i S n r n s a e e a t D v h o s o l e s r g o e r e p l n t a n nm k i c oo A local governmental unit shall not adopt If an official control conflicts with a o Mlccany official control which is in conflict with its comprehensive plan or which permits activity in conflict with metropolitan system planscomprehensive plan as the result of an amendment to the plan, the official control shall be amended by the unit within nine months following the amendment to the plan so as to not conflict with the amended comprehensive plan. a ¤¤¤ n S For the permanent record: Meeting Date: 10/09/2023 Agenda Item J2, Additional Attachment 4 y r e v o c s i D e The property has been used since the 1950s for commercial uses, but when the property for the parking lot was acquired, that area of the parcel maintained a residential designation1988, the city council approved re-guiding the FLU to commercial and rezoning the east portion to commercial, where the building is located, and did not address the parking lot parcelThe parking lot is within the same parcel as the building and has always been used for commercial purposes k a ¤¤¤ Zoning: R1/BC n S¤ For the permanent record: Meeting Date: 10/09/2023 Agenda Item J2, Additional Attachment 4 y r e v o c s i D e k a Neighbors opposed the business expanding in parking lot, behind the commercial building (while now part of the same property), which was restricted to parking only in the siteÔs CUPSince 1988, the land has been re-guided to Mixed-use (in the 2030 and 2040 Comp Plan)Rezoning (west portion) will eliminate zoning and land use inconsistency so that the property complies with the FLU designation in the cityÔs comp plan Ïas required in state statute n S¤¤¤ For the permanent record: Meeting Date: 10/09/2023 Agenda Item J2, Additional Attachment 4 y r e v o c s i D e k Light would provide visibility and safety for staff and visitorsConcerns particularly during the winter, when the daylight hours are shorterPrevious business, a garden center that operated on the site for many yearsThe CUP was initially granted in 1971 ÏConditions and language within the existing CUP are specific to the last business or donÔt apply to Snake Discovery a ¤¤¤¤ n Applicant requested to install one exterior light within their parking lotSite has an existing CUP: outdoor storage, sales, and display S¤¤ For the permanent record: Meeting Date: 10/09/2023 Agenda Item J2, Additional Attachment 4 y r e v o c s i D e k a n A specific condition on the CUP states that there cannot be exterior lighting in the parking lot Ïrequest requires a revision to the CUP Offers the opportunity to review the conditions on the permit so that they better reflect and address the current site conditions In doing so, staff recommends that the previous requirements under the CUP granted in 1988 be terminated (attached with staff report for reference) Proposed new CUP conditions S¤¤¤¤ For the permanent record: Meeting Date: 10/09/2023 Agenda Item J2, Additional Attachment 4 y r e v o c s i D e k a n S For the permanent record: Meeting Date: 10/09/2023 Agenda Item J2, Additional Attachment 4 y r e v e o k c a s i The property still requires a CUPfor exterior storage or sales that occur underneath the canopy area Staff recommends the conditions listed here to be placed on the conditional use permit n SD¤¤ For the permanent record: Meeting Date: 10/09/2023 Agenda Item J2, Additional Attachment 4 c i l b u P d n a w e i v e R f f a t S - y r e v o c s i g D n i e r k A formal review by CDRB is not required for the (1) proposed light (administrative review) No comments were received prior to the public hearing(4) neighbors attended the meeting and spoke during the public hearing Staff received (4) written comments and a neighborhood petitionafter the public hearingÏincluded in the city council staff reportOne email was received this morning from a resident, 10/9/23 Ïa printed copy was distributed to the city council One letter was emailed to staff this afternoon, 10/9/23, from an attorney representing a property owner Ïa printed copy was distributed to the city council a a ¤¤¤¤¤¤ e n No comments/requirements from the project review staffStaff surveyed surrounding properties and sent a public hearing notice to properties within 500 feet SH¤¤ For the permanent record: Meeting Date: 10/09/2023 Agenda Item J2, Additional Attachment 4 w e i v e R n o i s s i m m o C - y r e v o c s i D e Based on parking requirements: one stall for every 200 square feet of floor area, requiring 52 stalls (the site has 44 parking stalls)Lot could be expanded closer to residential homes to add parking (likely not a significant amount)This would require the removal of established landscaping, existing trees, and the fence, providing screening for the site currently Ïit takes time to establish new plantings at similar height Potential setback variance? k a ¤¤¤¤ Voted unanimously to approve the CUP Amendment The motion to approve the Rezoning failed (3 -2), recommending to deny the rezoning amendment The commission stated concerns over parking and traffic and requested that staff assess the parking on the site n ¤¤¤ S Conditional Use Permit amendment and Rezoning Ordinance ÏPlanning Commission, September 19, 2023 ¤ For the permanent record: Meeting Date: 10/09/2023 Agenda Item J2, Additional Attachment 4 w e i v e R n o i s Street from Century Avenue to the nature s th i Street to support traffic calming principles, m th and Mayhill intersection Ïthe city installed signs for th m o C - y r e v o c s i D e k a Regardless if the parking lot was to be expanded, a condition has been added that the fence and landscaped screening must be maintained ÏAdditional city review and a parking lot permit are required for this type of project 2018 Street improvement project: narrowed 7designed such that a sidewalk can be installed on 7center (opposed by residents at that time)Currently, Ñno parking signsÒ on the north and south sides of Seventh Street, on the west side of Mayhill Road, and at all three legs of the 7traffic and safety purposes based on feedback from the neighbors PC was concerned they didnÔt have enough information on acourt case, which was referenced by a resident at the public hearing Ïrelated to the previous business owner n ¤¤¤¤ S For the permanent record: Meeting Date: 10/09/2023 Agenda Item J2, Additional Attachment 4 e s a C l a g e L s u o i v e r P Ï y r e v o c s i D e k a n In 1971, CUP was first granted to DegeGarden Center Ïformally allowing for the area behind the building to be used as a parking lot for the business In 1986, the owner obtained a permit to build a garage on the parking lotÏthe permit was not allowed per the CUP, and the garage was substantially complete when the city later stopped the owner from completing the garage, stating it violated the CUPIn 1987, the owner filed a declaratory judgment action against the city, and the summary judgment was initially granted in the ownerÔs favor, allowing him to keep the structureThe district court later reversed the decision, ruling in favor of the city and requiring the owner to remove the garageThe summary judgment and appeals ruling from this case does not prohibit the city from formally rezoning the west half of the parcel to comply with the comprehensive plan S ¤¤¤¤¤ For the permanent record: Meeting Date: 10/09/2023 Agenda Item J2, Additional Attachment 4 n o i t a d n e m m o c e R f f a t S - y r e v : o n o i c t c s i A d D e d n e e Motion to approve an Ordinance amending the CityÔs Zoning Map to rezone the west Motion to approve a conditional use permit amendment resolution for the property at . k . m a831 Century Avenue North, subject to certain conditions of approval. bportion of the property at 831 Century Avenue North from R1, single-dwelling residential, to BC, business commercial. m a o c n e Staff recommends approval of the Conditional Use Permit amendment and Rezoning Ordinance. R S ¤¤