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:
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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