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HomeMy WebLinkAbout06-24-2002MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, June 24, 2002 Council Chambers, Municipal Building Meeting No. 02-13 A. B. C. D. CALL TO ORDER: A meeting of the City Council was held in the Council Chambers, at the Municipal Building, and was called to order at 7:00 P.M. by Mayor Cardinal. PLEDGE OF ALLEGIANCE ROLL CALL Robert Cardinal, Mayor Present Kenneth V. Collins, Councilmember Present Kathleen Juenemann, Councilmember Present Marvin C. Koppen, Councilmember Present Julie A. Wasiluk, Councilmember Present APPROVAL OF MINUTES 1. Minutes from June 10, 2002 CounciUManager Workshop Councilmember Juenemann moved to approve the CounciUManager Workshop Minutes of June 1. 2002 as presented. Seconded by Councilmember Collins Ayes-All 2. Minutes from June 10, 2002 City Council Meeting Councilmember Wasiluk moved to approve the City Council Minutes of June 10. 2002 meeting No. 02-12 as amended. Seconded by Councilmember Juenemann Ayes-All 3. Minutes from Visionary Meeting June 13, 2002 Councilmember Juenemann moved to approve the Visionary Meeting minutes of June 13, 2002 as presented. Seconded by Councilmember Wasiluk Ayes-All E. APPROVAL OF AGENDA M1. Citizen Calls M5. LMC Conference in Rochester M2. Phalen Lake M6. Bruentrup Farm Parking M3. Police F1. Girl Scout Award M4. Open Space Tour Councilmember Wasiluk moved to approve the Agenda as amended. City Council Meeting 06-24-02 1 Seconded by Councilmember Juenemann Ayes-All F G. APPOINTMENT S/PRESENTATIONS 1. Girl Scout Award Becky Schwantes, a Girl Scout, has worked with Common Bond Communities for the past three years. Becky organized a drive and collected over 1200 young adult books, encyclopedias, dictionaries and compact discs through donations from Visitation High School, St. Jerome's Elementary School and various local businesses'. For her efforts, on Thursday, May 16, 2002, Becky was awarded the Girls Scout Gold award at the council ceremony in St. Paul. CONSENT AGENDA Councilmember Juenemann moved to approve the Consent Agenda as presented. Seconded by Councilmember Wasiluk Ayes-All 1. Approval of Claims ACCOUNTS PAYABLE $349.95 Checks #57933 dated 6/4/02 $234,219.69 Checks #57934 thru #57997 dated 6/11/02 $200,859.22 Disbursements via debits to checking account dated 6/3 thru 6/10/02 $156,566.87 Checks #57998 thru #58057 dated 6/18/02 $123,545.80 Disbursements via debits to checking account dated 6/7 thru 6/17/02 $715,541.53 Total Accounts Payable PAYROLL $398,112.71 Payroll Checks and Direct Deposits dated 6/7/02 $31,798.69 Payroll Deduction checks #89282 thru #89289 dated 6/7/02 $429,911.40 Total Payroll $1,145,452.93 GRAND TOTAL 2. Conditional Use Permit Review-University Auto Sales (1145 Highway 36) City Council Meeting 06-24-02 2 Agreed to review the conditional use permit for University Auto Sales and Leasing at 1145 Highway 36 East again in one year. 3. English Street Improvements, Project 01-14: Approve Easement Acquisition Agreements with Maplewood Ventures and with Moose Lodge Approved the easement acquisition agreements with Maplewood Ventures, Inc. and the Moose Lodge for the English Street Improvements, Project 01-14. 4. Deferred Compensation Plan Amendment Adopted the following resolution to amend the City of Maplewood's Deferred Compensation Plan: RESOLUTION 02-06-116 RESOLUTION TO AMEND DEFERRED COMPENSATION PLAN Plan Number: 3 0 0 8 8 2 Name of Employer: City of Maplewood State: Minnesota Resolution of the above named Employer ("Employer") WHEREAS, the Employer has employees rendering valuable services; and WHEREAS, the Employer has established a deferred compensation plan for such employees that serves the interest of the Employer by enabling it to provide reasonable retirement security for its employees, by providing increased flexibility in its personnel management system, and by assisting in the attraction and retention of competent personnel; and WHEREAS, the Employer has determined that the continuance of the deferred compensation plan will serve these objectives; and WHEREAS, amendments to the Internal Revenue Code have been enacted that require changes to the structure of and allow enhancements of the benefits of the deferred compensation plan: NOW THEREFORE BE IT RESOLVED that the Employer hereby amends and restates the deferred compensation plan (the "Plan") in the form of: (Select one) ^ The ICMA Retirement Corporation Deferred Compensation Plan and Trust ^ The Plan and Trust provided by the Employer (executed copy attached hereto) BE IT FURTHER RESOLVED that the assets of the Plan shall be held in trust, with the Employer serving as trustee ("Trustee"), for the exclusive benefit of Plan participants and their beneficiaries, and the assets shall not be diverted to any other purpose. The Trustee's beneficial City Council Meeting 06-24-02 ownership of Plan assets held in VantageTrust shall be held for the further exclusive benefit of the Plan participants and their beneficiaries. 5. Reception Area Remodel-Contingency Fund Request Approved the Reception Area Remodel project, not to exceed $8,000 and to approve the transfer of funds from the contingency account. 6. Ramsey County Fair-Fee Waiver Request Approved the fee waiver for the Ramsey County Fair for a carnival and fireworks permit and also a noise waiver. The Fair will run from July 10th to the 14th. Seconded by Councilmember Wasiluk Ayes-All H. PUBLIC HEARINGS 1. 7:00 (7:17 p.m.) Eldridge Avenue Improvements, Project 01-29: Resolution Ordering Improvement after Public Hearing (4 Votes) a. City Manager Fursman presented the report. b. City Engineer Ahl presented the specifics of the report. c. Project Consultant, Larry Bor, TKDA provided specifics of the report. d. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following person was heard: Karl Schroeder, 372 East Aldrich Avenue, Maplewood e. Mayor Cardinal closed the public hearing. Councilmember Collins moved to approve the following resolution ordering the improvement of Eldridge Avenue from McMenemy Street to Desoto Street, Citj Project 01-29: RESOLUTION 02-06-117 ORDERING IMPROVEMENT AFTER PUBLIC HEARING WHEREAS, a resolution of the city council adopted the 10th day of June, 2002, fixed a date for a council hearing on the proposed construction of Eldridge Avenue, from McMenemy Street to Desoto Street, City Project 01-29, AND WHEREAS, ten days mailed notice and two weeks published notice of the hearing was given, and the hearing was duly held on June 24, 2002, and the council has heard all persons desiring to be heard on the matter and has fully considered the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: City Council Meeting 06-24-02 4 1. That it is necessary, cost-effective and feasible, as detailed in the feasibility report, that the City of Maplewood make improvements on Eldridge Avenue, from McMenemy Street to Desoto Street, City Project 01-29. 2. Such improvement is hereby ordered as proposed in the council resolution adopted the 24th day of June 2002. 3. The city engineer is designated engineer for this improvement and is hereby directed to prepare final plans and specifications for the making of said improvement. 4. The finance director is hereby authorized to make the financial transfers necessary to implement the financing plan for the project. A project budget of $334,600 shall be established. The proposed financing plans is as follows: Assessments Sewer Utility Fund City General Tax Levy Total $129,640 (38.7%) 2,000 (0.6%) 202.960 (60.7%1 $334,600 (100%) Seconded by Councilmember Koppen Ayes-All 2. 7:15 (7:30 p.m.) Beaver Creek Sanitary Sewer Replacement and Bike Path, Project 01- 09; Resolution Ordering Improvement after Public Hearing (4 Votes) a. City Manager Fursman presented the report. b. City Engineer Ahl presented the specifics of the report. c. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following person was heard: Karl Kiel, URS Corporation, Minneapolis, MN d. Mayor Cardinal closed the public hearing. Councilmember Wasiluk moved to approve the following resolution ordering the improvement for the Beaver Creek Sanitary Sewer Replacement and Bike Path, City Project 01-09 (4 Votes). RESOLUTION 02-06-118 IMPROVEMENT AFTER PUBLIC HEARING WHEREAS, a resolution of the city council adopted the 10th day of June, 2002, fixed a date for a council hearing on the proposed replacement of the sanitary sewer main and construction of bike path located on the Beaver Lake Townhome site, City Project 01-09, AND WHEREAS, ten days mailed notice and two weeks published notice of the hearing was given, and the hearing was duly held on June 24, 2002, and the council has heard all persons desiring to be heard on the matter and has fully considered the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF City Council Meeting 06-24-02 MAPLEWOOD, MINNESOTA, as follows: 1. That it is necessary, cost-effective and feasible, as detailed in the feasibility report, that the City of Maplewood replace the sanitary sewer main and construct a bike path at the Beaver Lake Townhome site, City Project 01-09. 2. Such improvement is hereby ordered as proposed in the council resolution adopted the 24th day of June 2002. 3. The city engineer is designated engineer for this improvement and is hereby directed to prepare final plans and specifications for the making of said improvement. 4. The finance director is hereby authorized to make the financial transfers necessary to implement the financing plan for the project. A project budget of $855,330 shall be established. The proposed financing plans is as follows: Park Development Fund $ 94,000 Sewer Utility Fund 587,213 General Tax Levy 16,317 Assessments 157,800 Total $855,330 Seconded by Councilmember Koppen Ayes-All Councilmember Koppen introduced Tony Zappa from Boy Scouts Troup 50 who was attending the council meeting to receive a merit badge on citizenship and the community. I. AWARD OF BIDS None J. UNFINISHED BUSINESS 1. House Moving Request (Crockett)-Sylvan Street a. City Manager Fursman presented the report. b. Assistant City Manager Coleman presented the specifics of the report. Councilmember Wasiluk moved to approve the moving of aone-story stucco house and detached eara~e for Bart Crockett to the lot south of 1754 Sylvan Street. The annroval also includes the proposed site plan and dwelling orientation as shown in the memo dated May 9, 2002. This approval shall be subject to the conditions of approval as written in the memo date May 9, 2002. Council also moved to approve staffs' recommendation for the ci , to require $71.250 be placed in an escrow amount in the event the job is not completed. Seconded by Mayor Cardinal Ayes- Councilmembers Koppen and Wasiluk Nays-Mayor Cardinal, City Council Meeting 06-24-02 6 Councilmembers Juenemann, and Collins Motion failed: Councilmember Juenemann was not in support of the motion due to the risk factor, looking at the impact on the neighborhood and also taking into account the time of the year. Councilmember Collins was not comfortable with the house estimates Mr. Crockett submitted. Mayor Cardinal would much rather see a new house put on the site and would be open to looking at another structure, but not that particular structure. 2. Kline Nissan Dealership Wetland Setback Variance Reconsideration (3100 Highway 61) a. City Manager Fursman presented the report. b. Assistant City Manager Coleman presented the specifics of the report. c. Clifton A. Aichinger, Ramsey/Washington Metro Watershed outlined the Metro Watershed's position. d. Rick Kline, owner, Kline Auto World, spoke about the proposal. Councilmember Collins moved to approve the following variance resolution (50 foot buffer on the NE side, and 25 feet on all other sides with an infiltration sy_ stem installed on all sides) for the Nissan Dealership site plan: RESOLUTION 02-06-119 VARIANCE RESOLUTION WHEREAS, Rick Kline, of Kline Auto World, applied for a variance from the zoning ordinance. WHEREAS, this variance applies to properties at 3090 and 3110 Maplewood Drive. The property identification numbers are 03-29-22-22-0002 and 03-29-22-22-0003. The legal description is: Tract "A", Registered Land Survey No. 15, on file in the office of the Registrar of Titles within and for said County, except that part lying easterly of a line beginning at a point on the north line of said Tract 1494.91 feet west of the northeast corner of said Tract; thence southeasterly at an angle of 56 degrees, 43 minutes with said north line 445.39 feet; thence at an angle of 79 degrees 39 minutes to the right 188.7 feet to a point on the south line of said Tract 1303.88 feet west from the southeast corner of said Tract, Ramsey County, Minnesota Torrens Certificate Number: 171003. WHEREAS, Section 36-196(h)(3) of the wetland protection ordinance requires a 100-foot- wide wetland buffer. WHEREAS, the applicant proposed a 75-foot-wide wetland buffer. WHEREAS, the city council approved a wetland buffer variance ranging from a 50-foot- wide buffer on the northeast side of the property to a 75-foot-wide buffer on the south and southeast sides of the site. City Council Meeting 06-24-02 '7 WHEREAS, the history of this variance is as follows: 1. On May 6, 2002, the planning commission recommended that the city council approve this variance. 2. The city council held a public hearing on May 28, 2002. City staff published a notice in the Maplewood Review and sent notices to the surrounding property owners as required by law. The council gave everyone at the hearing an opportunity to speak and present written statements. The council also considered reports and recommendations from the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED thatthe city council approve the above-described variance for the following reasons: a. Strict enforcement of the code would cause undue hardship because of circumstances unique to the property and not created by the property owner. The 100-foot-wide wetland buffer requirement would make development of this site difficult. b. The variance would be in keeping with the spirit and intent of the ordinance, since the applicant would improve a portion of the wetland buffer substantially over its present state and will treat storm water from the site with a subsurface storm water infiltration system. a The city council previously approved similar wetland buffer variances for three developments near this proposal. Approval is subject to the applicant doing the following: a. Dedicating a 50-foot wetland protection buffer easement along the northeast lot line and a 25-foot wetland protection buffer easement along the remaining wetland edge. This easement shall be prepared by a land surveyor, shall describe the boundary of the buffer and shall prohibit any building, mowing, cutting, filling or dumping within the buffer. The applicant shall record this easement before the city will issue a building permit. b. Submitting a revised grading plan showing compliance with the required wetland dedications. The grading plan shall include grading to within 10 feet of the wetland edge on the side where the 50-foot buffer is required, with restoration of the remaining 40 feet of wetland buffer consisting of native plantings to be approved by staff and the watershed district (see landscape requirement below). c. Submitting a revised landscape plan for the restoration of 40 feet of the wetland- protection buffer on the northeast side of the site and for the 25-foot buffer in the other wetland buffer areas. This plan shall be subject to staff and watershed district approval. Underground irrigation is required for all landscaped areas, excluding the wetland protection buffer. d. Installing signs at the edge of the wetland-protection buffer which prohibit any building, mowing, cutting, filling or dumping within the buffer. e. Submitting a signed maintenance agreement to the Ramsey/Washington Metro Watershed District and the city for maintenance of the subsurface storm water infiltration system City Council Meeting 06-24-02 that accepts responsibility for any necessary maintenance and upkeep of the system. City Council Meeting 06-24-02 9 Seconded by Councilmember Koppen K. NEW BUSINESS 1. Hillcrest Area Development Proposal a. City Manager Fursman presented the report. Ayes-Mayor Cardinal, Councilmembers Collins, and Koppen Nays-Councilmembers Juenemann and Wasiluk b. City Engineer Ahl presented the specifics of the report. Councilmember Collins moved to table the Hillcrest Area Proposal. Seconded by Councilmember Wasiluk Ayes-All 2. White Bear Avenue Improvements at Lydia and Woodlynn, Project 01-08: Approve Cooperative Agreement with Ramsey County and Project Plans a. City Manager Fursman presented the report. b. City Engineer Ahl presented the specifics of the report. Councilmember Koppen moved to approve the cooperative agreement with Ramsey County and the project plans for the White Bear Avenue Improvements at Lydia and at Woodlynn, Project 01-08. Seconded by Councilmember Wasiluk Ayes-All 3. Clarification of Public Meeting a. City Manager Fursman presented the report and presented the specifics of the report. Councilmember Juenemann moved to reschedule the special meeting (from June 13th 2002) to 12:00 p.m. Tuesday, July 30, 2002. Seconded by Councilmember Wasiluk Ayes-All 4. Intoxicating Liquor License Compliance Failure-Laber's Liquor-1700 D. Rice Street a. City Manager Fursman presented the report. b. City Clerk Guilfoile presented the specifics of the report. c. Chief Winger provided further specifics. d. The following person was present: City Council Meeting 06-24-02 10 Jeff Bail, attorney for Arthur Stein, Laber's Liquors Councilmember Collins moved to impose a $2.000 fine to Laber's Liquor for a liquor violation and a $500 fine for a tobacco violation and impose athree-day suspension (August 28, 29, 30) of their liquor and tobacco license. Due to repeated violations, it is also recommended that Mr. Stein and his staff attend an educational class about alcohol and tobacco compliance. Seconded by Councilmember Juenemann Ayes-Councilmembers Collins, Koppen, Wasiluk and Juenemann Nays-Mayor Cardinal 5. Intoxicating Liquor License Compliance Failure-Suzanne's Cuisine-Maplewood Community Center a. City Manager Fursman presented the report. b. City Clerk Guilfoile presented the specifics of the report. a The following persons were present: Harry Phil, Corporate Partner, Suzanne's Cuisine Suzanne Schilling, Manager of Suzanne's Cuisine Mayor Cardinal moved to impose a five hundred dollar fine on Suzanne's Cuisine for a first time liquor violation. Seconded by Councilmember Wasiluk Ayes-All 6. Intoxicating Liquor License Compliance Failure-5-8 Tavern & Grill-2289 Minnehaha Avenue a. City Manager Fursman presented the report. b. City Clerk Guilfoile presented the specifics of the report. a The following persons were present: Jim Emerson, owner, 5-8 Tavern And Grill, provided further specifics. William Emerson, Partner, 5-8 Tavern and Grill Councilmember Collins moved to impose a five hundred dollar fine on 5-8 Tavern & Grill for a first time liquor violation. Seconded by Councilmember Juenemann Ayes-All Hillcrest Animal Hospital Water Main Improvements, City Project 01-28: Resolution Approving Plans and Advertising for Bids a. City Manager Fursman presented the report. City Council Meeting 06-24-02 11 b. City Engineer Ahl presented the specifics of the report. Councilmember Wasiluk moved to adopt the following resolution Approving Plans and Advertising for Bids for the Hillcrest Animal Hospital Water Main Improvement, City Project 00-28: RESOLUTION 02-06-123 APPROVING PLANS ADVERTISING FOR BIDS WHEREAS, pursuant to resolution passed by the city council on April 22, 2002, plans and specifications for Hillcrest Animal Hospital Water Main Improvements (T.H. 61 and County Road D), Project 01-28, have been prepared by (or under the direction of) the city engineer, who has presented such plans and specifications to the council for approval, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: 1. Such plans and specifications, acopy of which are attached hereto and made a part hereof, are hereby approved and ordered placed on file in the office of the city clerk. 2. The city clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published twice, at least ten days before the date set for bid opening, shall specify the work to be done, shall state that bids will be publicly opened and considered by the council at 10 a.m., on the 12th day of July, 2002, at the city hall and that no bids shall be considered unless sealed and filed with the clerk and accompanied by a certified check or bid bond, payable to the City of Maplewood, Minnesota for five percent of the amount of such bid. 3. The city clerk and city engineer are hereby authorized and instructed to receive, open, and read aloud bids received at the time and place herein noted, and to tabulate the bids received. The council will consider the bids, and the award of a contract, at the regular city council meeting of July 22, 2002. Seconded by Councilmember Koppen Ayes-All 8. Retiree Health Savings Plan a. City Manager Fursman presented the report. b. Human Resources Director Le presented the specifics of the report. Councilmember Koppen moved to adopt the following Integral Part Trust document and adopt the following Retiree Welfare Benefit Plan entitled "Retiree Medical and Dental Expense Reimbursement Plan": City Council Meeting 06-24-02 12 DECLARATION OF TRUST OF THE City of Maplewood INTEGRAL PART TRUST Declaration of Trust made as of the 24 day of June, 2002, by the City of Maplewood, Minnesota a municipal corporation, serving as Trustee (hereinafter referred to as the "Employer"). RECITALS: WHEREAS, the Employer is a political subdivision of the State of Minnesota exempt from federal income tax under the Internal Revenue Code of 1986; and WHEREAS, the Employer provides for the security and welfare of its eligible employees (hereinafter referred to as "Participants"), their Spouses, Dependents and Beneficiaries by the maintenance of one or more post-retirement welfare benefit plans, programs or arrangements which provide for life, sickness, medical, disability, severance and other similar benefits through insurance and self-funded reimbursement plans (collectively the "Plan'; and WHEREAS, it is an essential function and integral part of the exempt activities of the Employer to assist Participants, their Spouses, Dependents and Beneficiaries by making contributions to and accumulating assets in the trust, a segregated fund, for post-retirement welfare benefits under the plan; and WHEREAS, the authority to conduct the general operation and administration of the Plan is vested in the Employer or its designee, who has the authority and shall be subject to the duties with respect to the trust specified in the Declaration of Trust; and WHEREAS, the Employer wishes to establish this trust to hold assets and income of the Plan for the exclusive benefit of Plan Participants, their Spouses, Dependents and Beneficiaries; and NOW, THEREFORE, the parties hereto do hereby establish this trust, to be known as the Declaration of Trust of the City of Maplewood Integral Part Trust (hereinafter referred to as the "Trust'), and agree that the following constitute the Declaration of Trust (hereinafter referred to as the "Declaration': ARTICLE I DEFINITIONS 1.1 Definitions. For the purposes of this Declaration, the following terms shall have the respective meanings set forth below unless otherwise expressly provided. (a) "Account' means the individual recordkeeping account maintained under the Plan to record the interest of a Participant in the Plan in accordance with section 7.3. (b) "Account Transfer" means a transfer of the Participant's Account upon his or her death to be used for the payment of benefits for the Participants Spouse and Dependents. (c) "Administrator" means the Employer. The Employer may contract for such administrative services as are necessary to implement the Plan. City Council Meeting 06-24-02 13 (d) `Beneficiary" means the person or persons designated by the Participant pursuant to the terms of the Plan, or, if the Plan provides otherwise, the Spouse and Dependents, who will receive any benefits payable hereunder in the event of the Participant's death. (e) "Code" means the Internal Revenue Code of 1986, as amended from time to time. (f) "Covered Employment Classification" means the group or groups of Participants eligible to have contributions to this Plan made on their behalf, as specified by the Employer. (g) "Dependent" means an individual who is a person described in Code Section 152(a). (h) "Investment Fund" means any separate investment option or vehicle selected by the Employer in which all or a portion of the Trust assets maybe separately invested as herein provided. The Trustee shall not be required to select any Investment Fund. (i) "Nonforfeitable Interest" means the interest of the Participant or the Participant's Spouse, Dependent or Beneficiary (whichever is applicable) in the percentage of Participant's Employer's contribution which has vested pursuant to the vesting schedule specified in the Employer's Plan. (j) "Spouse" means the Participant's lawful spouse as determined under the laws of the state in which the Participant has his primary place of residence. (k) "Trust" means the trust established by this Declaration. (1) "Trustee" means the person or persons appointed by the Employer to serve in that capacity. ARTICLE II ESTABLISHMENT OF TRUST 2.1 The Trust is hereby established as of the date set forth above for the exclusive benefit of Participants, their Spouses, Dependents and Beneficiaries. ARTICLE III CONSTRUCTION 3.1 This Trust and its validity, construction and effect shall be governed by the laws of the State of Minnesota. 3.2 Pronouns and other similar words used herein in the masculine gender shall be read as the feminine gender where appropriate, and the singular form of words shall be read as the plural where appropriate. 3.3 If any provision of this Trust shall be held illegal or invalid for any reason, such determination shall not affect the remaining provisions, and such provisions shall be construed to effectuate the purpose of this Trust. ARTICLE IV City Council Meeting 06-24-02 14 BENEFITS 4.1 Benefits. This Trust may provide benefits to the Participant, the Participant's Spouse and Dependents. Death benefits may be provided to a Beneficiary pursuant to the terms of the Plan. 4.2 Form of Benefits. This Trust may provide benefits by cash payment. This Trust may reimburse the Participant, his Spouse or Dependents for insurance premiums or other payments expended for permissible benefits described under the Plan. This trust may reimburse the Employer, or the Administrator for insurance premiums. ARTICLE V GENERAL DUTIES 5.1 It shall be the duty of the Trustee to hold title to assets held in respect of the Plan in the Trustee's name as directed by the Employer or its designees in writing. The Trustee shall not be under any duty to compute the amount of contributions to be paid by the Employer or to take any steps to collect such amounts as may be due to be held in trust under the Plan. The Trustee shall not be responsible for the custody, investment, safekeeping or disposition of any assets comprising the Trust, to the extent such functions are performed by the Employer or the Administrator, or both. 5.2 It shall be the duty of the Employer, subject to the provisions of the Plan, to pay over to the Administrator, or other person or entity designated hereunder from time to time, the Employer's contributions under the Plan and to inform the Administrator in writing as to the identity and value of the assets titled in the Trustee's name hereunder and to keep accurate books and records with respect to participants of the Plan. ARTICLE VI INVESTMENTS 6.1 The Employer may appoint one or more investment managers to manage and control all or part of the assets of the Trust. 6.2 The Trustee shall not have any discretion or authority with regard to the investment of the Trust and shall act solely as a directed Trustee of the assets of which it holds title. To the extent directed by the Employer (or Participants, their Spouse and Dependents, or Beneficiaries to the extent provided herein) the Trustee is authorized and empowered with the following powers, rights and duties, each of which the Trustee shall exercise in a nondiscretionary manner: (a) To cause stocks, bonds, securities, or other investments to be registered in its name as Trustee or in the name of a nominee, or to take and keep the same unregistered; (b) To employ such agents and legal counsel as it deems advisable or proper in connection with its duties and to pay such agents and legal counsel a reasonable fee. The Trustee shall not be liable for the acts of such agents and counsel or for the acts done in good faith and in reliance upon the advice of such agents and legal counsel, provided it has used reasonable care in selecting such agents and legal counsel; (c) To exercise where applicable and appropriate any rights of ownership in any contracts of insurance in which any part of the Trust maybe invested and to pay the premiums City Council Meeting 06-24-02 15 thereon; and (d) At the direction of the Employer (or Participants, their Spouses, their Dependents, their Beneficiaries, or the investment manager, as the case may be) to sell, write options on, convey or transfer, invest and reinvest any part thereof in each and every kind of property, whether real, personal or mixed, tangible or intangible, whether income or non- income producing and wherever situated, including but not limited to, time deposits (including time deposits in the Trustee or its affiliates, or any successor thereto, if the deposits bear a reasonable rate of interest), shares of common and preferred stock, mortgages, bonds, leases, notes, debentures, equipment or collateral trust certificates, rights, warrants, convertible or exchangeable securities and other corporate, individual or government securities or obligations, annuity, retirement or other insurance contracts, mutual funds (including funds for which the Trustee or its affiliates serve as investment advisor, custodian or in a similar or related capacity), or in units of any other common, collective or commingled trust fund. 6.3 Notwithstanding anything to the contrary herein, the assets of the Plan shall be held by the Trustee as title holder only. Persons holding custody or possession of assets titled to the Trust shall include the Employer, the Administrator, the investment manager, and any agents and subagents, but not the Trustee (except in cases in which the Employer is the Trustee). The Trustee shall not be responsible or liable for any loss or expense which may arise from or result from compliance with any direction from the Employer, the Administrator, the investment manager or such agents to take title to any assets nor shall the Trustee be responsible or liable for any loss or expense which may result from the Trustee's refusal or failure to comply with any direction to hold title, except if the same shall involve or result from the Trustee's negligence or intentional misconduct. The Trustee may refuse to comply with any direction from the Employer, the Administrator, the investment manager, or such agents in the event that the Trustee, in its sole and absolute discretion, deems such direction illegal. 6.4 The Employer hereby indemnifies and holds the Trustee harmless from any and all actions, claims, demands, liabilities, losses, damages or reasonable expenses of whatsoever kind and nature in connection with or arising out of (i) any action taken or omitted in good faith by the Trustee in accordance with the directions of the Employer or it agents and subagents hereunder, or (ii) any disbursements of any part of the Trust made by the Trustee in accordance with the directions of the Employer, or (iii) any action taken by or omitted in good faith by the Trustee with respect to an investment managed by an investment manager in accordance with any direction of the investment manager or any inaction with respect to any such investment in the absence of directions from the investment manager. Notwithstanding anything to the contrary herein, the Employer shall have no responsibility to the Trustee under the foregoing indemnification if the Trustee fails negligently, intentionally or recklessly to perform any of the duties undertaken by it under the provisions of this Trust. 6.5 Notwithstanding anything to the contrary herein, the Employer or, if so designated by the Employer, the Administrator and the investment manager or another agent of the Employer, will be responsible for valuing all assets so acquired for all purposes of the Trust and of holding, investing, trading and disposing of the same. The Employer will indemnify and hold the Trustee harmless against any and all claims, actions, demands, liabilities, losses, damages, or expenses of whatsoever kind and nature, which arise from or are related to any use of such valuation by the Trustee or holding, trading, or disposition of such assets. City Council Meeting 06-24-02 16 6.6 The Trustee shall and hereby does indemnify and hold harmless the Employer from any and all actions, claims, demands, liabilities, losses, damages and reasonable expenses of whatsoever kind and nature in connection with or arising out of (a) the Trustee's failure to follow the directions of the Employer, the Administrator, the investment manager, or agents thereof, except as permitted by the last sentence of Section 6.3 above; (b) any disbursements made without the direction of the Employer, the Administrator, the investment manager or agents thereof; and (c) the Trustee's negligence, willful misconduct, or recklessness with respect to the Trustee's duties under this Declaration. ARTICLE VII CONTRIBUTIONS 7.1 Employer Contriburions. The Employer shall contribute to the Trust such amounts as specified in the Plan or by resolution. 7.2 Accrued Sick Leave and/or Accrued T~acarion Leave. Contributions up to an amount equal to the value of accrued sick leave or vacation leave, or both, are permitted under the Plan. The Employer's Plan must provide a formula for determining the value of the Participants contribution of accrued sick leave or vacation leave, or both. The Employer's Plan must contain a forfeiture provision that will prevent Participants from receiving the accrued sick leave or vacation leave, or both, in cash in lieu of a contribution to the Trust. 7.3 Accounts. Employer contributions and contributions of accrued sick leave or vacation leave, or both, all investment income and realized and unrealized gains and losses, and forfeitures allocable thereto will be deposited into an Account in the name of the Participant for the exclusive benefit of the Participant, his Spouse, Dependents and Beneficiaries. The assets in each Participants Account maybe invested in Investment Funds as directed by the Participant from among the Investment Funds selected by the Employer. 7.4 Receipt of Contriburions. The Employer or, if so designated by the Employer, the Administrator or investment manager or another agent of the Employer, shall receive all contributions paid or delivered to it hereunder and shall hold, invest, reinvest and administer such contributions pursuant to this Declaration, without distinction between principal and income. The Trustee shall not be responsible for the calculation or collection of any contribution under the Plan, but shall hold title to property received in respect of the Plan in the Trustee's name as directed by the Employer or its designee pursuant to this Declaration. 7.5 No amount in any Account maintained under this Trust shall be subject to transfer, assignment, or alienation, whether voluntary or involuntary, in favor of any creditor, transferee, or assignee of the Employer, the Trustee, any Participant, his Spouse, Dependent, or Beneficiaries. 7.6 Upon the satisfaction of all liabilities under the Plan to provide such benefits, any amount of Employer contributions, plus accrued earnings thereon, remaining in such separate Accounts must, under the terms of the Plan, be returned to the Employer. ARTICLE VIII OTHER PLANS 8.1 If the Employer hereafter adopts one or more other plans providing life, sickness, accident, City Council Meeting 06-24-02 17 medical, disability, severance, or other benefits and designates the Trust hereby created as part of such other plan, the Employer or, if so designated by the Employer, the Administrator or an investment manager or another agent of the Employer shall, subject to the terms of this Declaration, accept and hold hereunder contributions to such other plans. In that event (a) the Employer or, if so designated by the Employer, the Administrator or an investment manager or another agent of the Employer, may commingle for investment purposes the contributions received under such other plan or plans with the contributions previously received by the Trust, but the books and records of the Employer or, if so designated by the Employer, the Administrator or an investment manager or another agent of the Employer, shall at all times show the portion of the Trust Fund allocable to each plan; (b) the term "Plan" as used herein shall be deemed to refer separately to each other plan; and (c) the term "Employer" as used herein shall be deemed to refer to the person or group of persons which have been designated by the terms of such other plans as having the authority to control and manage the operation and administration of such other plan. ARTICLE IX DISBURSEMENTS AND EXPENSES 9.1 The Employer or its designee shall make such payments from the Trust at such time to such persons and in such amounts as shall be authorized by the provisions of the Plan provided, however, that no payment shall be made, either during the existence of or upon the discontinuance of the Plan (subject to Section 7.6), which would cause any part of the Trust to be used for or diverted to purposes other than the exclusive benefit of the Participants and their Beneficiaries pursuant to the provisions of the Plan. 9.2 All payments of benefits under the Plan shall be made exclusively from the assets of the Accounts of the Participants to whom or to whose Spouse, Dependents, or Beneficiaries such payments are to be made, and no person shall be entitled to look to any other source for such payments. 9.3 The Employer, Trustee and Administrator may be reimbursed for expenses reasonably incurred by them in the administration of the Trust. All such expenses, including, without limitation, reasonable fees of accountants and legal counsel to the extent not otherwise reimbursed, shall constitute a charge against and shall be paid from the Trust upon the direction of the Employer. ARTICLE X ACCOUNTING 10.1 The Trustee shall not be required to keep accounts of the investments, receipts, disbursements, and other transactions of the Trust, except as necessary to perform its title-holding function hereunder. All accounts, books, and records relating thereto shall be maintained by the Employer or its designee. 10.2 As promptly as possible following the close of each year, the Trustee shall file with the Employer a written account setting forth assets titled to the Trust as reported to the Trustee by the Employer or its designee. ARTICLE XI City Council Meeting 06-24-02 1 g MISCELLANEOUS PROVISIONS 11.1 Neither the Trustee nor any affiliate thereof shall be required to give any bond or to qualify before, be appointed by, or account to any court of law in the exercise of its powers hereunder. 11.2 No person transferring title or receiving a transfer of title from the Trustee shall be obligated to look to the propriety of the acts of the Trustee in connection therewith. 11.3 The Employer may engage the Trustee as its agent in the performance of any duties required of the Employer under the Plan, but such agency shall not be deemed to increase the responsibility or liability of the Trustee under this Declaration. 11.4 The Employer shall have the right at all reasonable times during the term of this Declaration and for three (3) years after the termination of this Declaration to examine, audit, inspect, review, extract information from, and copy all books, records, accounts, and other documents of the Trustee relating to this Declaration and the Trustees' performance hereunder. ARTICLE XII AMENDMENT AND TERMINATION 12.1 The Employer reserves the right to alter, amend, or (subject to Section 9.1) terminate this Declaration at any time for any reason without the consent of the Trustee or any other person, provided that no amendment affecting the rights, duties, or responsibilities of the Trustee shall be adopted without the exception of the Trustee to the amendment. Any such amendment shall become effective as of the date provided in the amendment, if requiring the Trustee's execution, or on delivery of the amendment to the Trustee, if the Trustee's execution is not required. 12.2 Upon termination of this Declaration and upon the satisfaction of all liabilities under the Plan to provide such benefits, any amount of Employer contributions, plus accrued earnings thereon, remaining in such separate Accounts must, under the terms of the Plan, be returned to the Employer. ARTICLE XIII SUCCESSOR TRUSTEES 13.1 The Employer reserves the right to discharge the Trustee for any or no reason, at any time by giving ninety (90) days' advance written notice. 13.2 The Trustee reserves the right to resign at any time by giving ninety (90) days' advance written notice to the Employer. 13.3 In the event of discharge or resignation of the Trustee, the Employer may appoint a successor Trustee who shall succeed to all rights, duties, and responsibilities of the former Trustee under this Declaration, and the terminated Trustee shall be deemed discharged of all duties under this Declaration and responsibilities for the Trust. ARTICLE XIV LIMITED EFFECT OF PLAN AND TRUST 14.1 Neither the establishment of the Plan and the Trust or any modification thereof, the creation of City Council Meeting 06-24-02 19 any fund or account, nor the payment of any benefits, shall be construed as giving to any person covered under the Plan or other person any legal or equitable right against the Trustee, the Administrator, the Employer or any officer or employee thereof, except as may otherwise be expressly provided in the Plan or in this Declaration. ARTICLE XV PROTECTIVE CLAUSE 15.1 Neither the Administrator, the Employer, nor the Trustee shall be responsible for the validity of any contract of insurance or other arrangement maintained in connection with the Plan, or for the failure on the part of the insurer or provider to make payments provided by such contract, or for the action of any person which may delay payment or render a contract void or unenforceable in whole or part. IN WITNESS WHEREOF, the City of Maplewood as the Employer and Trustee have executed this Declaration by their respective duly authorized officers, as of June 24, 2002. ARTICLE I PREAMBLE 1.01 Establishment of Plan The Employer named above hereby establishes a Retiree Medical and Dental Expense Reimbursement Plan as of the 1st day of Jules, 2002 1.02 Purpose of Plan This Plan has been established to reimburse the eligible Retirees of the Employer for medical and dental expenses incurred by them, their Spouses and Dependents, pursuant to the Employer's VantageCare Retiree Health Savings (RHS) Plan. ARTICLE II DEFINITIONS The following words and phrases as used herein shall have the following meanings, unless a different meaning is plainly required by the context: 2.01 `Benefits" means any amounts paid to a Participant in the Plan as reimbursement for Eligible Medical and Dental Expenses incurred by the Participants, their spouses or their dependents during a Plan Year. 2.02 "Code" means the Internal Revenue Code of 1986, as amended. 2.03 "Dependent" means any individual who is a dependent of the Participant within the meaning of Code Sec. 152. 2.04 "Eligible Medical or Dental Expenses" means those expenses designated by the Employer as eligible for reimbursement in the VantageCare Retiree Health Savings Plan City Council Meeting 06-24-02 20 Adoption Agreement. 2.05 "Employer" means the unit of state or local government creating this Plan, or any affiliate or successor thereof that likewise adopts this Plan. 2.06 "Entry Date" means the first day the Participant meets the eligibility requirements of Article III as of such Date. 2.07 "Participant" means any former employee who has met the eligibility requirements set forth in Article III. 2.08 "Plan Administrator" means the Employer or other person appointed by the Employer who has the authority and responsibility to manage and direct the operation and administration of the Plan. 2.09 "Plan Year" means the annual accounting period of the Plan, which begins on the 1st day of July , 200 and ends on the 31st day of December , 200 with respect to the first Plan Year, and thereafter as long as this Plan remains in effect, the period that begins on January 1 ,and ends on December 31 2.10 "Retiree" means any individual who, while in the service of the Employer, was considered to be in a legal employer-employee relationship with the Employer for federal withholding tax purposes, and who was part of the classification of employees designated as covered by the Employer's VantageCare Retiree Health Savings Plan. 2.11 "Spouse" means the Participants lawful spouse as determined under the laws of the state in which Participants have their primary place of residence. All other defined terms in this Plan shall have the meanings specified in the various Articles of the Plan in which they appear. ARTICLE III ELIGIBILITY 3.01 General Requirements Each Retiree who meets the eligibility requirements outlined in the Employer's VantageCare Retiree Health Savings Plan shall be eligible to participate in this Plan. 3.02 Termination of Coverage of an Eligible Dependent. An Eligible Dependents coverage shallterminate - (a) After the death of the Retiree, upon the attainment of age 19 (or 24 for a full time student); (b) Notwithstanding (a) above, an Eligible Dependents coverage shall not cease if the City Council Meeting 06-24-02 21 individual is incapable of self-sustaining employment by reason of mental or physical handicap and he or she became handicapped while an Eligible Dependent of the Participant. The account balance may continue to be utilized to pay Benefits of the individual if he or she qualified as a Dependent of the Participant during the Participant's life, and the Plan has received due proof of incapacity within 31 days of when the individual's coverage under the Plan would otherwise terminate. The individual's coverage maybe continued as long as the individual remains incapacitated. The Plan may request proof of the continued existence of such incapacity from time to time. ARTICLE IV AMOUNT OF BENEFITS 4.01 Annual Benefits Provided by the Plan Each Participant shall be entitled to reimbursement for documented, Eligible Medical or Dental Expenses incurred during the Plan Year in an annual amount not to exceed the account balance of the Participant in the Employer's VantageCare Retiree Health Savings Plan. Claims for expenses incurred more than two years prior are not eligible for reimbursement, nor are expenses incurred prior to benefit eligibility. 4.02 Cost of Coverage The expense of providing the benefits set out in Section 4.01 shall be contributed as outlined in the Employer's VantageCare Retiree Health Savings Plan. ARTICLE V PAYMENT OF BENEFITS 5.01 Eligibility for Benefits A. Each Participant in the Plan shall be entitled to a benefit hereunder for all Eligible Medical and Dental Expenses incurred by the Participant on or after the Entry Date of his or her participation, (and after the effective date of the Plan) subject to the limitations contained in Article V, below, regardless whether the mental or physical condition for which the Participant makes application for benefits under this Plan was detected, diagnosed, or treated before the Participant become covered by the Plan. B. In order to be eligible for benefits, the Participant must meet the benefit eligibility criteria outlined in the Employer's VantageCare Retiree Health Savings Plan Adoption Agreement. C. A Participant who dies or becomes totally and permanently disabled (as defined by the Social Security Administration) will become immediately eligible to receive medical benefit payments from the Plan. 5.02 Claims for Benefits No benefit shall be paid hereunder unless a Participant has first submitted a written claim for benefits to the Plan Administrator on a form specified by the Plan Administrator, and pursuant to the procedures set out in Article VI, below. Upon receipt of a properly documented City Council Meeting 06-24-02 22 claim, the Plan Administrator shall pay the Participant the benefits provided under this Plan as soon as is administratively feasible. ARTICLE VI PLAN ADMINISTRATION 6.01 Allocation of Authority The Employer shall control and manage the operation and administration of the Plan. The Employer shall have the exclusive right to interpret the Plan and to decide all matters arising thereunder, including the right to remedy possible ambiguities, inconsistencies, or omissions. All determinations of the Employer with respect to any matter hereunder shall be conclusive and binding on all persons. Without limiting the generality of the foregoing, the Employer shall have the following powers and duties: (a) To decide on questions concerning the Plan and the eligibility of any Employee to participate in the Plan, in accordance with the provisions of the Plan; (b) To determine the amount of benefits that shall be payable to any person in accordance with the provisions of the Plan; to inform the Plan Administrator, as appropriate, of the amount of such Benefits; and to provide a full and fair review to any Participant whose claim for benefits has been denied in whole or in part; and (c) To designate other persons to carry out any duty or power which would otherwise be a fiduciary responsibility of the Plan Administrator, under the terms of the Plan. (d) To require any person to furnish such reasonable information as it may request for the purpose of the proper administration of the Plan as a condition to receiving any benefits under the Plan; (e) To make and enforce such rules and regulations and prescribe the use of such forms as they shall deem necessary for the efficient administration of the Plan. 6.02 Provision for Third-Party Plan Service Providers The Plan Administrator, subject to approval of the Employer, may employ the services of such persons as it may deem necessary or desirable in connection with the operation of the Plan. The Plan Administrator, the Employer (and any person to whom it may delegate any duty or power in connection with the administration of the Plan), and all persons connected therewith may rely upon all tables, valuations, certificates, reports and opinions furnished by any duly appointed actuary, accountant, (including Employees who are actuaries or accountants), consultant, third party administration service provider, legal counsel, or other specialist, and they shall be fully protected in respect to any action taken, not taken, or permitted in good faith in reliance thereon. All actions so taken or permitted shall be conclusive and binding as to all persons. 6.03 Several Fiduciary Liability City Council Meeting 06-24-02 23 To the extent permitted by law, neither the Plan Administrator nor any other person shall incur any liability for any acts or for failure to act except for this own willful misconduct or willful breach of this Plan. 6.04 Compensation of Plan Administrator Unless otherwise agreed to by the Employer, the Plan Administrator shall serve without compensation for services rendered in such capacity, but all reasonable expenses incurred in the performance of these duties shall be paid by the Employer. 6.05 Bonding Unless otherwise determined by the Employer, or unless required by any Federal or State law, the Plan Administrator shall not be required to give any bond or other security in any jurisdiction in connection with the administration of this Plan. 6.06 Payment of Administrative Expenses All reasonable expenses incurred in administering the Plan, including but not limited to administrative fees and expenses owing to any third party administrative service provider, actuary, consultant, accountant, attorney, specialist, or other person or organization that may be employed by the Plan Administrator in connection with the administration thereof, shall be paid by the Employer, provided, however that Participants shall bear the monthly cost (if any) charged by a third party administrator for maintenance of their Benefit Accounts. 6.07 Timeliness of Payments Payments shall be made as soon as administratively feasible after the required forms and documentation have been received by the Plan Administrator. 6.08 Annual Statements The Plan Administrator shall furnish each Participant with an annual statement of his medical and dental expense reimbursement account within ninety (90) days after the close of each Plan Year. ARTICLE VII CLAIMS PROCEDURE 7.01 Procedure if Benefits are Denied Under the Plan Any Participant, Spouse or Eligible Dependent, or their duly authorized representative may file a claim for a plan benefit to which the claimant believes that he or she is entitled. Such a claim must be in writing on a form provided by the Plan Administrator and delivered to the Plan Administrator, in person or by mail, postage paid. Within thirty (30) days after receipt of such claim, the Plan Administrator shall send to the claimant, by mail, postage prepaid, notice of the granting or denying, in whole or in part, of such claim, unless special circumstances require City Council Meeting 06-24-02 24 an extension of time for processing the claim. In no event may the extension exceed ninety (90) days from the end of the initial period. If such extension is necessary, the claimant will be given a written notice to this effect prior to the expiration of the initial 30-day period. The Plan Administrator shall have full discretion to deny or grant a claim in whole or in part. If notice of the denial of a claim is not furnished in accordance with this Section, the claim shall be deemed denied and the claimant shall be permitted to exercise his right to review pursuant to Sections 7.03 and 7.04. 7.02 Requirement for Written Notice of Claim Denial The Plan Administrator shall provide, to every claimant who is denied a claim for benefits, written notice setting forth in a manner calculated to be understood by the claimant: (a) The specific reason or reasons for the denial; (b) Specific reference to pertinent Plan provisions on which the denial is based; (c) A description of any additional material or information necessary for the claimant to perfect the claim and an explanation of why such material is necessary, and (d) An explanation of the Plan's claim review procedure. 7.03 Right to Request Hearing on Benefit Denial Within sixty (60) days after the receipt by a claimant of written notification of the denial (in whole or in part) of the claim, a claimant or their duly authorized representative, upon written application to the Plan Administrator, in person or by certified mail, postage prepaid, may request a review of such denial, may review pertinent documents, and may submit issues and comments in writing. 7.04 Disposition of Disputed Claims Upon its receipt of notice of a request for review, the Plan Administrator shall make a prompt decision on the review. The decision on review shall be written in a manner calculated to be understood by the claimant and shall include specific reasons for the decision and specific references to the pertinent plan provisions on which the decision is based. The decision on review shall be made not later than sixty (60) days after the Plan Administrator's receipt of a request for a review, unless special circumstances require an extension of time for processing, in which case a decision shall be rendered not later than one hundred-twenty (120) days after receipt of a request for review. If an extension is necessary, the claimant shall be given written notice of the extension prior to the expiration of the initial sixty (60) day period. If notice of the decision on the review is not furnished in accordance with this Section, the claim shall be deemed denied and the claimant shall be permitted to exercise his right to legal remedy pursuant to Section 7.05. 7.05 Preservation of Other Remedies After exhaustion of the claims procedures provided under this Plan, nothing shall prevent any person from pursuing any other legal or equitable remedy otherwise available. City Council Meeting 06-24-02 25 ARTICLE VIII AMENDMENT OR TERMINATION OF PLAN 8.01 Permanency While the Employer fully expects that this Plan will continue indefinitely, due to unforeseen, future business contingencies, permanency of the Plan will be subject to the Employer's right to amend or terminate the Plan, as provided in Sections 8.02 and 8.03, below. 8.02 Employer's Right to Amend The Employer reserves the right to amend the Plan at any time and from time-to-time, and retroactively if deemed necessary or appropriate to meet the requirements of the Code, or any similar provisions of subsequent revenue or other laws, or the rules and regulations in effect under any of such laws or to conform with governmental regulations or other policies, to modify or amend in whole or in part any or all of the provisions of the Plan or as deemed appropriate by the Employer, subject to requirements to negotiate with designated union representatives. 8.03 Employer's Right to Terminate The Employer reserves the right to discontinue or terminate the Plan at any time without prejudice. ARTICLE IX GENERAL PROVISIONS 9.01 No Employment Rights Conferred Neither this Plan nor any action taken with respect to it shall confer upon any person the right to be continued in the employment of the Employer. 9.02 Payments to Beneficiary Any benefits otherwise payable to a Participant following the date of death of such Participant shall be paid as outlined in the Employer's VantageCare Retiree Health Savings Plan Adoption Agreement. 9.03 Nonafienation of Benefits No benefit under the Plan shall be subject in any manner to anticipation, alienation, sale, transfer, assignment, pledge, encumbrance or charge, and any attempt to do so shall be void. No benefit under the Plan shall in any manner be liable for or subject to the debts, contracts, liabilities, engagements or torts of any person. If any person entitled to benefits under the Plan becomes bankrupt or attempts to anticipate, alienate, sell, transfer, assign, pledge, encumber or charge any benefit under the Plan, or if any attempt is made to subject any such benefit to the debts, contracts, liabilities, engagements or torts of the person entitled to any such benefit, except as specifically provided in the Plan, then such benefit shall cease and terminate in the discretion of the Plan Administrator, and it may hold or apply the same or any part thereof to the benefit of any dependent or beneficiary of such person, in such manner and proportion as the City Council Meeting 06-24-02 26 Plan Administrator may deem proper. 9.04 Mental or Physical Incompetency If the Plan Administrator determines that any person entitled to payments under the Plan is incompetent by reason of physical or mental disability, the Plan Administrator may cause all payments thereafter becoming due to such person to be made to any other person on the Participant's behalf, without responsibility to follow the application of amounts so paid. Payments made pursuant to this Section shall completely discharge the Plan Administrator and the Employer. 9.05 Inability to Locate Payee If the Plan Administrator is unable to make payment to any Participant or other person to whom a payment is due under the Plan because the Plan Administrator cannot ascertain the identity or whereabouts of such Participant or other person after reasonable efforts have been made to identify or locate such person (including a notice of the payment so due mailed to the last known address of such Participant or other person as shown on the records of the Employer), such payment and all subsequent payments otherwise due to such Participant or other person shall be escheated under the laws of the State of the last known address of the Participant or other persons eligible for benefits. 9.06 Requirement of Proper Forms All communication in connection with the Plan made by a Participant shall become effective only when duly executed on forms provided by and filed with the Plan Administrator. 9.07 Source of Payments The Employer shall be the sole source of benefits under the Plan. No Employee or beneficiary shall have any right to, or interest in, any assets of the Employer upon termination of employment or otherwise, except as provided from time to time under the Plan, and then only to the extent of the benefits payable under the Plan to such Employee or beneficiary. 9.08 Tax Effects Neither the Employer nor the Plan Administrator makes any warranty or other representation as to whether any payments received by a Participant hereunder will be treated as includible in gross income for federal or state income tax purposes. 9.09 Multiple Functions Any person or group of persons may serve in more than one fiduciary capacity with respect to the Plan. 9.10 Headings City Council Meeting 06-24-02 27 The Article and Section headings contained herein are for convenience of reference only, and shall not be construed as defining or limiting the matter contained thereunder. 9.11 Applicable Laws The provisions of the Plan shall be construed, administered and enforced according to the laws of the State of Minnesota 9.12 Severability Should any part of this plan subsequently be invalidated by a court of competent L. M. jurisdiction, the remainder thereof shall be given effect to the maximum extent possible. Seconded by Councilmember Juenemann Ayes-All 9. Set Compensation for City Attorney 2002 a. City Manager Fursman presented the report and presented the specifics of the report. Councilmember Koppen moved to set the fee for prosecution services at $117.900 for 2002 ($9,825/month) and the transfer of $9,400 from the contingency fund to the legal account. Seconded by Mayor Cardinal VISITOR PRESENTATIONS Ayes-Mayor Cardinal, Councilmembers Koppen, Juenemann, and Wasiluk Nays-Councilmember Collins 1. Don Misgen-1367 Price Avenue-Voiced concern with the street work being done between Price and Clarence Street. 2. Kevin Berglund-1929 Kingston Avenue-Encouraged more communication between the council, staff and citizens. COUNCIL PRESENTATIONS 1. Mayor Cardinal--A letter that was published in the Pioneer Press June 21, 2002 by Jerry Markie referenced inflation and the impact on the school systems and state. The mayor received numerous phone calls from citizens. The comments included: 1) "There is no parallel between the City of Maplewood and the School District." 2) "The city is not financially mismanaged, don't become like the school district." 3) "A Significant deficit is expected in 2003 (3 billion). There will be considerable pressure to raise taxes. We will look at alternative solutions that focus on spending and designed to avoid tax increases." 4) "Don't want another levy-it will not pass". 5) "School District 622 Administration Superintendent Dan Kaler's number is 651-748- City Council Meeting 06-24-02 28 7410 and Citizen Jerry Markie's number is 651-486-9085." 6) "Provide increased funding for schools if they are able to show improved academic results over time." 2. Phalen Lake-Mayor Cardinal noted that there is an odor emitting from the lake that has been identified as Eurasia Milfoil and the city may need to be brought in to try to eradicate the problem. 3. Police-Mayor Cardinal congratulated Mike Herbert on his retirement after 30 years of service to the city. 4. Open Space Tour-Councilmember Juenemann thanked staff for their efforts on organizing this successful, educational tour. 5. League of Minnesota Cities-Councilmember Juenemann commented on the worth of attending the conference. 6. Bruentrup Farm Parking-Councilmember Wasiluk would like to see the parking situation at Bruentrup revisited at the neat council meeting. N. ADMINISTRATIVE PRESENTATIONS 1. Future Meeting--The Pre-agenda meeting scheduled for Thursday, July 3, 2002 has been canceled. 2. Ramsey County Parade-July 11, 2002-A quorum of the council will be present. The event is considered social and does not fall under posting requirements. 3. Special Meeting- A special meeting of the city council will be held Thursday July 18, 2002 regarding the Bid Award on the Bond Issue. O. ADJOURNMENT Mayor Cardinal moved to adjourn the meeting at 10:15 p.m. Seconded by Councilmember Juenemann Ayes -All City Council Meeting 06-24-02 29