HomeMy WebLinkAbout11-14-2005MINUTES
MAPLEWOOD CITY COUNCIL
7:00 P.M. Monday, November 14, 2005
Council Chambers, City Hall
Meeting No. 05-24
A.
B.
C.
D.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
1. David Bartol-Temporary Appointment
a. City Manager Fursman presented the report
Councilmember Koppen moved to approve the appointment of David Bartol to fill the temporary
vacancy on the City Council.
Seconded by Councilmember Rossbach Ayes-All
City Clerk Guilfoile swore in Councilmember David Bartol.
ROLL CALL
Robert Cardinal, Mayor Present
David Bartol, Councilmember Present
Kathleen Juenemann, Councilmember Present
Marvin Koppen, Councilmember Present
Will Rossbach. Councilmember Present
APPROVAL OF MINUTES
1. Minutes from the City Council Meeting-October 24, 2005
Councilmember Juenemann moved to approve the minutes from the October 24, 2005 City
Council Meeting as amended.
E
Seconded by Councilmember Koppen
APPROVAL OF AGENDA
Ayes-Mayor Cardinal, Councilmembers
Juenemann, Koppen and Rossbach
Abstain-Councilmember Bartol
Councilmember Juenemann moved to approve the agenda as amended.
M1. Maplewood Food Shelf Campaign
M2. Maplewood Bloodmobile
M3. RushLine Corridor Update
M4. Gladstone Development
N1. Ice Arena Board
Seconded by Councilmember Rossbach Ayes-All
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F.
G
APPOINTMENTS/PRESENTATIONS
1. Life Saving Award-Ron Horvath
a. City Manager Fursman presented the report.
b. Fire Chief Lukin presented a Life Saving award to Maplewood Community
Center Aquatic Supervisor Ron Horvath for providing mouth to
rescue breathing on a young student and reviving him.
CONSENT AGENDA
Councilmember Koppen moved to approve consent agenda items 1, 2, 4, 9, and 10-15 as presented.
Seconded by Councilmember Rossbach
Ayes-All
Councilmember Juenemann moved to approve consent agenda item 3 as presented.
Seconded by Councilmember Rossbach
Ayes-All
Councilmember Juenemann moved to approve consent agenda item 5 as presented.
Seconded by Councilmember Koppen
Ayes-All
Councilmember Juenemann moved to approve consent agenda item 6 as presented.
Seconded by Councilmember Koppen
Ayes-All
Councilmember Juenemann moved to approve consent agenda item 7 as presented.
Seconded by Councilmember Rossbach
Ayes-All
Councilmember Juenemann moved to approve consent agenda item 8 as presented.
Seconded by Councilmember Koppen Ayes-All
1. Approval of Claims
ACCOUNTS PAYABLE:
$ 30,211.36 Checks # 68272 thru # 68274
dated 10/19/05 thru 10/20/05
$ 138,163.48 Checks # 68275 thru # 68327
dated 10/25/05
$ 120,754.99 Disbursements via debits to checking account
dated 10/14/O5thru 10/21/05
$ 116,720.00 Checks # 68328 thru # 68329
dated 10/24/05 thru 10/27/05
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2
$ 1,137,207.77 Checks # 68330 thru #68387
dated 11/01/05
$ 305,477.38 Disbursements via debits to checking account
dated 10/21/O5thru 10/27/05
$ 59.35 EFT # 68388 thru # 68389
dated 11/08/05
$ 501,431.23 Checks # 68390 thru # 68444
dated 11/04/O5thru 11/08/05
$ 123,680.44 Disbursements via debits to checking account
dated 11/28/O5thru 11/03/05
$ 2,473,706.00 Total Accounts Payable
PAYROLL
Payroll Checks and Direct Deposits dated
$ 554,101.37 10/21 /O5
$ 2,406.75 Payroll Deduction check # 102987 thru # 102989
dated 10/21/05
Payroll Checks and Direct Deposits dated
$ 450,954.73 11/04/05
$ 2,406.75 Payroll Deduction check # 103109 thru # 103111
dated 11/04/05
$ 1,009,869.60 Total Payroll
$ 3,483,575.60 GRAND TOTAL
2. Annual Gambling Resolution -North Tartan Area Girls Basketball at Broadway Bar & Pizza
Adopted the following resolution approving the lawful gambling renewal for Bill Larson for North
Tartan Area Girls Basketball Booster Club, 2009 East County Road D, Maplewood:
RESOLUTION 05-11-159
BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the premises
permit for lawful gambling is approved for the North Tartan Area Girls Basketball Booster Club, 2009
East County Road D, Maplewood, Minnesota.
FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness of
application for said permit as governed by Minnesota Statute §349.213.
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FURTHERMORE, that the Maplewood City Council requests that the Gambling Control Division
of the Minnesota Department of Gaming approve said permit application as being in compliance with
Minnesota Statute §349.213.
NOW, THEREFORE, be it further resolved that this Resolution by the City Council of Maplewood,
Minnesota, be forwarded to the Gambling Control Division for their approval.
3. Consider Approval of 2006 SCORE Funding Application
Approved the 2006 SCORE application for $67,442. in grant funds to repay the city for a portion
of the recycling costs.
4. Final Plat -Woodhill (Dahl Avenue, south of Linwood Avenue)
Approved the final plat for Woodhill date-stamped October 26, 2005. This approval is
subject to the county recording the deeds, deed restrictions and covenants required by the
city and the developer meeting all of the conditions of the city engineer.
5. Home Occupation License Review -David Grupa Photography (1994 Duluth Street)
Approved to review the home occupation license for David Grupa at 1994 Duluth Street
in June of 2006. This will allow Mr. Grupa time to install the fencing in order to use the
backyard for photography.
6. Conditional Use Permit Review -Oversized Accessory Building (1236 Kohlman Avenue
East)
Approved the conditional use permits for the property at 1236 Kohlman Avenue for the
expansion of a nonconforming residential property and the construction of an oversized
accessory structure at 1236 Kohlman Avenue with review again in one year.
7. Conditional Use Permit Review -Ponds of Battle Creek Golf Course (601 Century
Avenue South)
Approved to review the conditional use permit for the Ponds of Battle Creek Golf Course
at 601 Century Avenue south again if a problem arises or if the owner proposes a
significant change to the site or to the golf course.
8. Conditional Use Permit Review -Woodlynn Ponds Townhomes (Chisholm Court, south
of County Road D)
Approved to review the conditional use permit for the Woodlynn Ponds Townhomes
Planned Unit Development in July of 2006.
9. Senior Administrative Assistant
Approved to adopt the 2005 salary range of $37,378-$47,736 per year for the new
classification of Senior Administrative Assistant effective at the beginning of the next pay-
period.
10. Cafeteria Plan Master Plan Revisions
Adopted the revised and restated Master Plan Document for the Maplewood Cafeteria Plan
effective September 1, 2005.
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11. Welfare Plan & Integral Part Trust Revisions
Moved to adopt the following revised Integral Part Trust document and Retiree Welfare Benefit
Plan:
ARTICLE I
PREAMBLE
THIS INSTRUMENT made and published by the City of Maplewood_(hereinaftercatled "Employer") on
the 24th day of June, 2002, creates the City of Maplewood Retiree Medical and Dental Expense
Reimbursement Plan, as follows:
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 July, 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.
N. 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 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
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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, 2002, and ends on the 31~`day of December, 2002, 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 Participant's 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.
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.
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,
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.
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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. Pursuant to Section 9.02 and Employer's VantageCare Retirement Health
Savings Plan Adoption Agreement, the surviving Spouse and Dependents shall become
immediately eligible to receive or to continue receiving medical benefit payments from the Plan
upon the death of the Participant.
5.02 Claims for Benefits
No benefit shall be paid hereunder unless a Participant, or their Spouse or Dependent, 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 claim, the Plan Administrator shall pay the Participant, Spouse or
Dependent 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),
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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
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 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 an extension of
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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.
ARTICLE VIII
AMENDMENT OR TERMINATION OF PLAN
8.01 Permanency
While the Employer fully expects that this Plan will continue indefinitely, due to unforeseen,
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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 Nonalienation 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
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.
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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, Spouse or Dependent 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
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 jurisdiction, the
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remainder thereof shall be given effect to the maximum extent possible.
IN WITNESS WHEREOF, we have executed this revised Plan Agreement effective 11-14-05.
(Employer)
By:
ATTEST
DECLARATION OF TRUST OF THE
City of Maplewood
INTEGRAL PART TRUST
Declaration of Trust made as of the 24th 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 and Dependents 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 and Dependents 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 and Dependents; 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.
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(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 Participant's Spouse and Dependents.
(c) "Administrator" means the Employer. The Employer may contract for such administrative
services as are necessary to implement the Plan.
(d) "Beneficiary" means the Spouse and eligible 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"and "Eligible 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 may be 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 or
eligible Dependent (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.
Q) "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.
(I) "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 and eligible Dependents.
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.
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ARTICLE IV
BENEFITS
4.1 Benefits. This Trust may provide benefits to the Participant, the Participant's Spouse and eligible
Dependents pursuant to the terms of the Plan.
4.2 Form of Benefits. This Trust may reimburse the Participant, his/her Spouse or eligible 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 intrust 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 eligible Dependents 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 may be invested and to pay the premiums thereon; and
(d) At the direction of the Employer (or Participants, their Spouses, their Dependents, 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 ornon-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
City Council Meeting 11-14-OS 14
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
titleholder 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.
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 Contributions. The Employer shall contribute to the Trust such amounts as specified in the
Plan or by resolution.
City Council Meeting 11-14-OS 15
7.2 Accrued Leave and Personal Holiday. Contributions up to an amount equal to the value of accrued
sick leave, vacation leave, annual leave and/or personal holidays are permitted under the Plan. The
Employer's Plan must provide a formula for determining the value of the Participant's contribution of
accrued leave. The Employer's Plan must contain a forfeiture provision that will prevent Participants
from receiving the accrued leave 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 or eligible Dependents. The assets in each Participant's Account may be invested in
Investment Funds as directed by the Participant from among the Investment Funds selected by the
Employer.
7.4 Receipt of Contributions. 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, or eligible Dependent.
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, 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, their Spouses and eligible Dependents pursuant to the
provisions of the Plan.
City Council Meeting 11-14-OS 16
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 or eligible Dependents 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
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.
City Council Meeting 11-14-OS 17
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 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
amended Declaration by their respective duly authorized officers, effective November 14, 2005.
12. Budget Transfer from Contingency Account to Fire Account for New Heating and AC
Unit
Approved the budget transfer of $13,600 from the contingency fund to the fire fund to
cover the expense of the emergency replacement of the new hearing/ac unit at station
three.
13. Adjust City Publishing Budget
Approved the transfer of $6,041 from the contingency account to be used for the final
final 2005 city news publication.
14. 2006 Employee Insurance Renewal
Approved the Insurance Labor-Management Committee recommendation to be effective
January 1, 2006.
15. Healthcare Savings Plan Document (HRA)
Moved to adopt the following Health-Care Savings Plan document to establish the HRA
and authorized City Staff to execute the appropriate legal and administrative agreements
with the NIS, ING, and Mid America to manage and administer the HRA:
City Council Meeting 11-14-OS 18
Health Care Savings Plan Document
FOR
City of Maplewood
Introduction
This Health Care Savings Plan, hereinafter referred to as the Plan, is sponsored by the
City of Maplewood, hereinafter referred to as the Employer, and is effective on
January 1, 2006. The Plan enables Participants and their dependents to be reimbursed tax-free for eligible
medical and dental expenses and health insurance premiums. Contributions to this Plan shall be made by
the Employer and irrevocably credited to Participants' accounts. Claims for reimbursement shall be
processed and reimbursements paid out on a tax-free basis for medical expenses in accordance with
Internal Revenue Service Guidelines for Health ReimbursementAgreements,lRS Publication 502, Internal
Revenue Code Sections 213(d), 105 and 106 as described in Revenue Ruling 2002-41 and Notice 2002-
45.
Participation
Participation in this Plan is mandatory for all Employees of the class or classes set forth by the Employer in
the Plan Adoption Agreement.
Funding
All funds for the Plan shall come exclusively from the Employer and shall constitute either a specified dollar
amount and/or a specific percentage of Employees' retirement pay as the Employer shall from time to time
determine. The amount or percentage to be determined by the Employer shall be subject to, and not in
contravention of, the Employer's obligations to its Employees. All funds in the Plan belong to the individual
Participants as allocated to their accounts. Once funds are allocated to the Participants' accounts, the
Employer relinquishes all right, title, control, and interest to such funds.
Plan Investments
The Employer realizes and acknowledges that the funds in this Plan are for the exclusive purpose of
reimbursing Plan Participants for medical expenses. The Employer has determined that, given the nature
of the funds in the Plan and their intended usage, it would be inappropriate to subject them to speculative
investments that would put the principal at risk. Therefore, the Employer has determined that this Plan
shall hold its funds in a fixed annuity account that earns a reasonable rate of return with a guarantee
minimum rate of return of not less than three percent (3°~). The account shall be with a major insurance
company, rated at least A+ by A.M. Best, AA+ by Standard & Poor's, and Aa2 by Moody's. The insurance
company shall be designated in the Adoption Agreement.
Plan Administrator
The Employer designates as the initial Plan Administrator the entity named in the Adoption Agreement.
The initial Plan Administrator shall serve as Plan Administrator until such time as a new Plan Administrator
is appointed.
Administrative Fees
There shall be no administrative charges assessed against the Employer. Participants may be charged a
reimbursement-processing fee of $5.00 for every month they receive a disbursement, with a maximum
annual reimbursement-processing fee of $30.00. The maximum annual reimbursement-processing fee will
be $60.00 for those participants electing to reimburse twice per month. This procedure will allow
Participants to control their costs. There shall not be any charges to Participants or their dependents
unless a disbursement is made.
Administration
1. Health reimbursement requests may be made monthly and must be for a minimum of $100.
Participants are eligible to submit for reimbursement from their funded account upon becoming eligible for
the Health Care Savings Plan and first exhausting their section 125 plan. Participants are expected to
reimburse all eligible expenditures in a timely manner and are not allowed to submit claims multiple times or
City Council Meeting 11-14-OS 19
submit receipts that have already been submitted through a previous tax advantaged plan such as a
Section 125 plan. Reimbursement timeframes will be subject to IRS Revenue Rulings.
2. Participants are entitled to request reimbursements from their accounts as soon as the accounts are
funded by the Employer, but only for medical expenses incurred subsequent to the effective date of this
Plan. Pursuant to IRS Guidelines, hardship withdrawals or loans are not permitted under this Plan and
Plan funds may only be used to reimburse Participants and their dependents for medical expenses.
3. In order to receive reimbursement for qualified expenses, Participants shall provide the Plan
Administrator with whatever information is reasonably required. This Plan shall not and cannot reimburse
for any claims other than those allowed under the Internal Revenue Code and as described in IRS
Publication 502.
4. When a request is approved it shall be scheduled for disbursement. Disbursements shall be made
under the following timelines: If eligible receipts are received by the plan administrator anytime between
the 1~` through the 15`h of any given month, they will be issued disbursement by the 30`h of that same
month. If eligible receipts are received by the plan administrator anytime between the 16`h through the
30`h/31 ~` of any given month, they will be issued disbursement by the 15`h of the following month.
5. Decisions of the Plan Administrator shall be final on the issue of eligible expenditures and such
decisions shall be based on IRS Publication 502 as interpreted by the IRS or court rulings or directives
concerning the deductibility of medical expenses for Federal Income Tax purposes, which interpretations
shall be controlling for purposes of determining reimbursement eligibility under this Plan.
6. Other than establishing this Plan and providing funding for the Plan, the Employer does not assume
any responsibility for any aspect of any Participant's health care. Participant questions shall be directed to
the Plan Administrator.
7. Each Participant shall be notified by the Plan Administrator of his or her account balance at the time
a deposit is made to his or her account. The Plan Administrator shall provide each Participant with a
quarterly statement setting forth the Participant's account balance and earnings and disbursements forthe
quarter. Additionally, the Plan Administrator shall provide a Participant with a statement of account balance
in conjunction with each reimbursement distribution.
Funds in a Participant's account at the end of each year shall be rolled into the following year.
9. Reimbursement is available for the Participant and the Participant's tax dependants as defined in
Internal Revenue Code Section 152. Submission of a request for reimbursement on behalf of someone
other than the Participant shall be deemed a representation by the Participant that the request for
reimbursement is made on behalf of a qualified dependant.
Death Benefit
If a Participant dies prior to exhausting his account balance, the Participant's surviving spouse and/or
dependents are eligible to be reimbursed for their qualified medical expenses under this Plan Document
until the account balance is exhausted. If a balance remains after the death of the spouse and all
dependents, all remaining funds will be forfeited. These forfeited funds will revert back to the employer.
Upon forfeiture to the employer, the employer will then equally redistribute forfeited funds among the
existing plan Participants remaining in the plan at the time of receiving such forfeited funds from the plan
administrator. Additional reasonable administrative fees may be charged in connection with any tax
reporting requirements and deducted from the account.
Plan Amendments
The Employer has the authority to amend this Plan at anytime, in whole or in part. Plan Participants will be
notified of any Plan changes. Any amendment to the Plan shall not adversely affect the rights of existing
Participants. However, changes imposed by the Internal Revenue Service, either by law change,
regulations, or rulings, will be effective immediately and without notice and may affect current Participants.
City Council Meeting 11-14-OS 20
Involuntary Access to Funds
Funds in a Participant's Plan account are not assignable by a Participant, either in law or in equity, or
subject to estate tax, or to execution, levy, attachment, garnishment, or any other legal processes.
Plan Termination
In the event the Employer elects to terminate this Plan, amounts credited to Participants' accounts will
remain in the Participants' accounts and Participants will continue to utilize their accounts as set out in this
Plan Document until their accounts are exhausted.
HIPAA Compliance
1. Disclosure of Summary Health Information to the Employer
In accordance with the Standards for Privacy of Individually Identifiable Health Information (the
"Privacy Standards") issued and pursuant to the Health Insurance Portability and Accountability Act of
1996, as amended ("HIPAA"), the Plan may disclose Summary Health Information to the Employer, if the
Employer requests the Summary Health Information for the purpose of (a) obtaining premium bids from
health plans for providing health insurance coverage under this Plan or (b) modifying, amending or
terminating the Plan.
"Summary Health Information" may be individually identifiable health information and it summarizes
the claims history, claims expenses or the type of claims experienced by individuals in the Plan, but it
excludes all identifiers that must be removed for the information to be de-identified, except that it may
contain geographic information to the extent that it is aggregated by five-digit zip code.
2. Disclosure of Protected Health Information ("PHI") to the Employer for Plan Administration
Purposes
In order that the Employer may receive and use a Participant's individually identifiable health
information or PHI for "Plan Administration" purposes, the Employer agrees to:
a. Not use or further disclose PHI other than as permitted or required by the Plan Documents or as
Required by Law (as defined in the Privacy Standards);
b. Ensure that any agents, including a subcontractor, to whom the Employer provides PHI received
from the Plan agree to the same restrictions and conditions that apply to the Employer with respect to such
PHI;
c. Not use or disclose PHI for employment-related actions and decisions or in connection with any
other benefit or employee benefit plan of the Employer, except pursuant to an authorization which meets
the requirements of the Privacy Standards;
d. Report to the Plan any PHI use or disclosure that is inconsistent with the uses or disclosures
provided for of which the Employer becomes aware;
e. Make available PHI in accordance with Section 164.524 of the Privacy Standards (45 CFR
164.524);
f. Make available PHI for amendment and incorporate any amendments to PHI in accordance with
Section 164.526 of the Privacy Standards (45 CFR 164.526);
g. Make available the information required to provide an accounting of disclosures in accordance with
Section 164.528 of the Privacy Standards (45 CFR 164.528);
City Council Meeting 11-14-OS 21
h. Make its internal practices, books and records relating to the use and disclosure of PHI received
from the Plan available to the Secretary of the U.S. Department of Health and Human Services ("HHS"), or
any other officer or employee of HHS to whom the authority involved has been delegated, for purposes of
determining compliance by the Plan with Part 164, Subpart E, ofthe Privacy Standards (45 CFR 164.500 et
seq);
i. If feasible, return or destroy all PHI received from the Plan that the Employer still maintains in any
form and retain no copies of such PHI when no longer needed for the purpose for which disclosure was
made, except that, if such return or destruction is not feasible, limit further uses and disclosures to those
purposes that make the return or destruction of the PHI infeasible; and
j. Ensure that adequate separation between the Plan and the Employer, as required in Section
164.504(i)(2)(iii) of the Privacy Standards (45 CFR 164.504(f)(2)(iii)), is established as follows:
i. The following employees, or classes of employees, or other persons under control of the
Employer, shall be given access to the PHI to be disclosed:
High Deductible Medical Plan Participants and former participants
with remaining HRA account balances
Human Resource & Finance Department staff for administrative
purposes only
ii. The access to and use of PHI bythe individuals described in subsection (i) above shall be restricted
to the Plan Administration functions that the Employer performs for the Plan.
iii. In the event any of the individuals described in subsection (i) above do not comply with the
provisions of the Plan Documents relating to use and disclosure of PHI, the Plan Administrator shall impose
reasonable sanctions as necessary, in its discretion, to ensure that no further non-compliance occurs. Such
sanctions shall be imposed progressively (for example, an oral warning, a written warning, time off without
pay and termination), if appropriate, and shall be imposed so that they are commensurate with the severity
of the violation.
"Plan Administration" activities are limited to activities that would meet the definition of payment or health
care operations, but do not include functions to modify, amend or terminate the Plan or solicit bids from
prospective issuers. "Plan Administration" functions include quality assurance, claims processing, auditing,
monitoring and management of carve-out plans, such as vision and dental. It does not include any
employment-related functions or functions in connection with any other benefit or benefit plans.
The Plan shall disclose PHI to the Employer only upon receipt of a certification by the Employer that
(a) the Plan Documents have been amended to incorporate the above provisions and (b) the Employer
agrees to comply with such provisions.
3. Disclosure of Certain Enrollment Information to the Employer
Pursuant to Section 164.504(f)(I)(iii) of the Privacy Standards (45 CFR 164.504(f)(I)(iii)), the Plan
may disclose to the Employer information on whether an individual is participating in the Plan or is enrolled
in or has disenrolled from a health insurance issuer or health maintenance organization offered by the Plan
to the Employer.
4. Disclosure of PHI to Obtain Stop-loss or Excess Loss Coverage
The Employer hereby authorizes and directs the Plan, through the Plan Administrator or its third
party administrator, to disclose PHI to stop-loss carriers, excess loss carriers or managing general
underwriters (MGUs) for underwriting and other purposes in order to obtain and maintain stop-loss or
excess loss coverage related to benefit claims under the Plan. Such disclosures shall be made in
City Council Meeting 11-14-OS 22
accordance with the Privacy Standards.
5. Other Disclosures and Uses of PHI
With respect to all other uses and disclosures of PHI, the Plan shall comply with the Privacy
Standards.
H. PUBLIC HEARINGS
1. 7:00 p.m. Edgerton Manor Building Addition Setback Variance (2021 Edgerton Street)
a. City Manager Fursman presented the report.
b. Assistant City Manager Coleman presented specifics from the report.
Mayor Cardinal congratulated Mayor Elect Diana Longrie.
c. Boardmember Longrie presented the Community Design Review Board report.
d. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The
following persons were heard:
Allan Menning, Manager of the Edgerton Manor
David Harris, Project Architect
e. Mayor Cardinal closed the public hearing.
Councilmember Rossbach moved to adopt the following front yard setback variance resolution
approving a 20-foot, 40-inch front yard setback variance for the construction of a covered entry way for
Edgerton Manor located at 2021 Edgerton Street:
VARIANCE RESOLUTION 05-11-163
WHEREAS, Alan Menning, manager of the Edgerton Manor, has applied for a variance from the
city's zoning code.
WHEREAS, this variance applies to 2021 Edgerton Street. The legal description is:
Edgerton Highlands: E 288.17 FT OF LOT 2 & ALL OF LOT 1 BLK 4
WHEREAS, Section 44-20(c)(6) of the city's ordinance requires a 30-foot front yard setback
from aright-of-way for all multi-family buildings.
WHEREAS, the applicant proposes to construct a front covered entryway which will be set back
9 feet, 8 inches from the Edgerton Street right-of-way.
WHEREAS, the city council approved a 20-foot, 4-inch setback variance in order to allow the
applicant to construct the front entryway within 9 feet, 8 inches from the Edgerton Street right-of-way.
WHEREAS, the history of this variance is as follows:
1. On October 11, 2005, the community design review board recommended that the city
council approve this variance.
2. The city council held a public hearing on November 14, 2005. City staff published a notice
in the Maplewood Review and sent notices to the surrounding property owners as required by law. The
City Council Meeting 11-14-OS 23
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 that the city council approve the above-described
variance for the following reasons:
1. Strict enforcement of the code would cause undue hardship because of circumstances
unique to the property and not created by the current property owner. The building was constructed in
1971, prior to any handicap accessibility requirements. At that time the building was constructed 37
feet, 8 inches to the Edgerton Street right-of-way, limiting the buildable area for a handicap accessible
entryway.
2. Construction of the proposed handicap accessible entryway will better serve the tenants and
meet the Minnesota Handicap Accessibility requirements.
3. The right-of-way along Edgerton Street in this area is inconsistent and there is existing
development on the west side of the street which is closer than that being requested for the handicap
accessible entryway.
The variance is approved with the following conditions:
1. Edgerton Manor management shall review their parking policy to determine if requiring
tenants to lease or use underground parking for all of their vehicles is feasible.
2. The City of Maplewood will monitor on-street parking along Edgerton Street to determine the
need for no-parking signs.
Seconded by Councilmember Juenemann Ayes-All
Councilmember Rossbach moved to approve the plans date-stamped September 20, 2005, for the
proposed covered entryway at Edgerton Manor located at 2021 Edgerton Street. Approval is subject to
the following conditions:
Repeat this review in two years if the city has not issued a building permit for this project.
Before getting a building permit, the applicant must submit to staff for approval the following:
1) A revised landscape plan showing all sizes of the proposed plant species.
2) Sample building materials to be approved by staff.
3) New entry door frames to be hunter green to match existing shutters. All other materials
to match existing building materials.
c. The applicant shall complete the following before final inspection of the covered entryway:
1) Install all required landscaping.
2) Make all necessary repairs to the existing driveway due to damage by construction.
All work shall follow the approved plans. The director of community development may approve
minor changes.
The landscaping shall be monitored, maintained and replaced as needed.
Seconded by Councilmember Juenemann Ayes-All
City Council Meeting 11-14-OS 24
AWARD OF BIDS
Applewood Park Change Orders
City Manager Fursman presented the report.
Parks and Recreation Director Anderson presented specifics from the report.
Councilmember Koppen moved to award a contract to Ebert Construction in the amount of $210,714.19
for phase one construction of Applewood Park. Approval was also made for two change orders in the
amounts of $1,675 and $4,914 for additional trees, related grading adjustments and the addition of four
animal sculptures that are going to be incorporated into the shelter columns.
Seconded by Councilmember Bartol Ayes-All
UNFINISHED BUSINESS
None
K. NEW BUSINESS
Canvass of Election Results
City Manager Fursman presented the report.
City Clerk Guilfoile presented specifics from the report.
Mayor Cardinal moved to adopt the following resolution approving the canvassing of the results from
the General Election held on November 8, 2005:
RESOLUTION 05-11-164
CANVASS OF ELECTION
RESOLVED, that the City Council of Maplewood, Ramsey County, Minnesota, acting as a canvassing
board on November 14, 2005, hereby declares the following results in the November 8, 2005, City
General Election:
MAYOR:
Diana Longrie 2,861
Will Rossbach 2,531
Diana Longrie, receiving the highest number of votes for the General Election will be sworn in as Mayor
at the January 9, 2006 council meeting.
COUNCIL MEMBER:
Rebecca Cave (Cunnien) 2,474
Erik Hjelle 2,772
Kathleen A. "Kathy" Juenemann 2,523
Marvin C. Koppen 2,229
Erik Hjelle and Kathleen Juenemann, receiving the top two highest number of votes for the General
City Council Meeting 11-14-OS 25
Election will be sworn in as Councilmembers at the January 9, 2006 council meeting.
Seconded by Councilmember Bartol Ayes-All
2. Calling for a Special Election
a. City Manager Fursman presented the report.
b. City Clerk Guilfoile presented specifics from the report.
Mayor Cardinal moved to call for a special election to fill the vacancy on the city council to be held on
February 28, 2006.
Seconded by Councilmember Rossbach Ayes-All
3. Consideration of Ballot Question-Intoxicating Liquor License Increase
a. City Manager Fursman presented the report.
b. City Clerk Guilfoile presented specifics from the report.
Mayor Cardinal moved to approve the referendum for the Special Election and that the following
proposed wording be placed on the February 28, 2006 Special Election ballot:
Shall the City council be allowed to issue five `on-sale' licenses
for the sale of intoxicating liquor in excess of the number
now permitted by law?
Yes.......
Seconded by Councilmember Koppen Ayes-Mayor Cardinal, Councilmembers
Bartol, Koppen and Rossbach
Nay-Councilmember Juenemann
4. Liquor License On-Sale Change of Manager -The Olive Garden -Gjon Prendi
a. City Manager Fursman presented the report.
b. City Clerk Guilfoile presented specifics from the report.
c. Gjon Prendi was present for council questions.
Mayor Cardinal moved to approve the intoxicating liquor license application for Glon Prendi for The
Olive Garden Italian Restaurant located at 1740 Beam Avenue.
Seconded by Councilmember Bartol Ayes-All
5. Liquor License On-Sale Change of Manager -Noodles & Company -Matthew Hinrichs
a. City Manager Fursman presented the report.
b. City Clerk Guilfoile presented specifics from the report.
c. Matthew Hinrichs was present for council questions.
Councilmember Koppen moved to approve the intoxicating liquor license application for Matthew
City Council Meeting 11-14-OS 26
Hinrichs for Noodles and Company located at 2865 White Bear Avenue.
Seconded by Councilmember Rossbach Ayes-All
6. Liquor Off-Sale Change of Manager - A-1 Liquor -Guneet Arneja
a. City Manager Fursman presented the report.
b. City Clerk Guilfoile presented specifics from the report.
c. Guneet Arneja was present for council questions.
Councilmember Rossbach moved to approve the intoxicating liquor license for Guneet Arneja for A-1
Liquors located at 19 Century Avenue.
Seconded by Councilmember Juenemann Ayes-All
Dahl Avenue Improvements -City Project 05-10 -Resolution Considering Dismissal of
Assessment Objection Related to Property Ownership
City Manager Fursman presented the report.
City Engineer Ahl presented specifics from the report.
Councilmember Rossbach moved to adopt the following resolution denying the objection of William
Kayser for the Dahl Avenue Street and Utility Improvements for Woodhill Development, City Project 05-
10:
RESOLUTION 05-11-166
DENYING ASSESSMENT OBJECTION
WHEREAS, pursuant to a resolution adopted by the City Council on October 24`h, 2005, calling
for a Public Hearing, the assessment roll for the Dahl Avenue, Street and Utility Improvements for
Woodhill Development, City Project 05-10, was presented in a Public Hearing format, pursuant to
Minnesota Statutes, Chapter 429, and
WHEREAS, one property owner, Mr. William Kayser on behalf of Evelyn C. Wallace, filed an
objection to their assessments according to the requirements of Minnesota Statutes, Chapter 429,
summarized as follows:
Mr. Kayser claims that Evelyn Wallace is the legal property owner of this parcel.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA:
1. That the objection of William Kayser is not based upon fact as noted by the City Attorney
and records provided by the current property owner and said objection is hereby denied.
2. The assessment roll for the Dahl Avenue Street and Utility Improvements for Woodhill
Development remains as proposed and approved on October 24, 2005, a copy of which is attached
hereto and made a part hereof. Said assessment roll shall constitute the special assessment against
the lands named therein, and each tract of land therein included is hereby found to be benefited by the
proposed improvement in the amount of the assessment levied against it.
City Council Meeting 11-14-OS 27
3. Such assessments shall be payable in equal annual installments extending over a period
of 15 years, the first installments to be payable on or before the first Monday in January 2006 and shall
bear interest at the rate of 6.1 percent per annum for the date of the adoption of this assessment
resolution. To the first installment shall be added interest on the entire assessment from the date of this
resolution until December 31, 2005. To each subsequent installment when due shall be added interest
for one year on all unpaid installments.
4. The owner of any property so assessed may, at any time prior to certification of the
assessment to the county auditor, but no later than November 23'', 2005, pay the whole of the
assessment on such property, with interest accrued to the date of the payment, to the city clerk, except
that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of
this resolution; and they may, at any time after November 23'', 2005, pay to the county auditor the
entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in
which such payment is made. Such payment must be made before November 15 or interest will be
charged through December 31 of the next succeeding year.
5. The city engineer and city clerk shall transmit a certified duplicate of this assessment to
the county auditor to be extended on the property tax lists of the county no later than November 24`h
2005. Such assessments shall be collected and paid over the same manner as other municipal taxes.
Seconded by Councilmember Koppen
Ayes-All
Valley View Avenue Drainage Concerns -City Project 05-36 -Consider Authorizing
Storm Water Ponding Investigation and Authorize Project Funding
City Manager Fursman presented the report.
City Engineer Ahl presented specifics from the report.
Mayor Cardinal
Seconded by Councilmember Koppen
Ayes-Mayor Cardinal,
Councilmembers Bartol, Juenemann
and Koppen
Nay-Councilmember Rossbach
Kennard Street Improvements (Beam to County Road D) -Project 03-04 -Resolution for
Modification of Existing Landscape Contract, Change Order No. 2
City Manager Fursman presented the report.
City Engineer Ahl presented specifics from the report.
Councilmember Juenemann moved to adopt the following resolution for Change Order No. 2 in the
amount of $2,870 with Nobel Nursery Retail, Inc. for the landscaping contract of Kennard Street-City
Proiect 03-04:
RESOLUTION 05-11-165
DIRECTING MODIFICATION OF EXISTING LANDSCAPE CONTRACT
WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made
Improvement Project 03-04, Kennard Street Landscape Improvements, and has let a landscape
contract pursuant to Minnesota Statutes, Chapter 429, and
City Council Meeting 11-14-OS 28
WHEREAS, it is now necessary and expedient that said landscape contract be modified and
designated as Landscape Improvement, Project 03-04, Change Order No. 2.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA that the mayor and city clerk are hereby authorized and directed to modify the existing
contract by executing said Change Order No. 2 in the amount of $2,870.00. The revised contract
amount is $255,862.55.
No revisions to the project budget are proposed at this time as these changes fall within the
original project budget.
Seconded by Councilmember Koppen Ayes-All
10. Special Assessment Agreement and Release of Master Development Agreement:
Ramsey County Library (Southlawn Drive -Legacy Village)
City Manager Fursman presented the report.
Assistant City Manager Coleman presented specifics from the report.
c. Jolly Mangine, Director of Property Management was present for council questions.
Jason Thomas, Hartford Group, thanked staff and City Council for their continued support and
assistance on this complex project.
Councilmember Koppen moved to approve the release of obligation under the following Master
Development Agreement. In addition, approved the waiver of section 6.2(e) of the Master Development
Agreement that requires that a building permit be issued prior to the City paving its share of the special
assessments:
CITY OF MAPLEWOOD
RAMSEY COUNTY, MINNESOTA
RELEASE OF OBLIGATIONS UNDER
MASTER DEVELOPMENT AGREEMENT
RAMSEY COUNTY LIBRARY
I. Recital.
1.1 The Effective Date of this Agreement is , 2005.
1.2 The Parties to this Agreement are City of Maplewood, Minnesota, a Minnesota statutory city ("City"),
Legacy Holdings-MW LLC, a Minnesota limited liability company ("Master Developer") and Ramsey County, a
political subdivision of the State of Minnesota ("Successor Developer").
1.3 City and Master Developer are parties to a Master DevelopmentAgreementwith an effective date of
September 8, 2003, recorded November 21, 2003 as Document No. 3704070 in the Office of the Ramsey County
Recorder and recorded November 21, 2003 as Document No. 1791278 in the Office of the Ramsey County
Registrar of Titles, as amended by First Amendment to Development Agreement with an effective date of February
9, 2004 and as amended by a Second Amendment to Development Agreement with an effective date of April 26,
2005 ("Master Development Agreement").
1.4 Various real estate parcels are subject to the Master Development Agreement and Successor
Developer has entered into an Agreement with Master Developer to purchase one of the parcels subject to the
City Council Meeting 11-14-OS 29
Master Development Agreement for the purpose of developing a regional library project (the "Library
Development"). Such parcel is referred to as "Phase 6B -Outlots D and E of the Plat" in the Master Development
Agreement but is now legally described as:
Lots 1 and 2, Block 4, Legacy Village of Maplewood, Ramsey County, Minnesota (the "Subject Parcel").
1.5 In connection with the acquisition of the Subject Parcel, Master Developer has requested to be
released from the terms and conditions ofthe Master Development Agreement as to the Subject Parcel pursuantto
Section 9.3 of the Master Development Agreement.
1.6 City has approved the Subject Parcel for use consistent with the proposed Library Development. On
that basis, City is willing to release Master Developer from the terms and conditions of the Master Development
Agreement subject to Master Developer's acknowledgement of its obligations under Section 6.2 of the Master
Development Agreement to pay a part of the special assessments attributable to the Subject Parcel as set forth on
Exhibit F to the Master Development Agreement and its continuing obligations as to other parcels that remain
subject to the Master Development Agreement.
THEREFORE, IT IS AGREED AS FOLLOWS:
II. Agreement.
2.1 From and after the effective date set forth above, Master Developer is released from its obligations
under the Master Development Agreement as to the Subject Parcel subject to the following:
(a) Master Developer will comply with the terms of Section 6.2 of the Master Development
Agreement in connection with the payment of special assessments attributable to the Subject Parcel; and
(b) Master Developer remains liable under the Master Development Agreement as to all other
parcels subject to the Master Development Agreement that are not released hereby or previously released.
Seconded by Councilmember Bartol Ayes-Mayor Cardinal,
Councilmembers Bartol, Koppen and
Rossbach
Nay-Councilmember Juenemann
L. VISITOR PRESENTATIONS
None
M. COUNCIL PRESENTATIONS
Maplewood Food Shelf Campaign-Councilmember Juenemann announced the city is
participating in a food shelf drive this year. Drop off sites are at City Hall and the Maplewood
Community Center. She encouraged all residents to participate and contribute.
Maplewood Bloodmobile-Councilmember Juenemann noted the Mobile Bloodmobile will
be at the city December 19`h from 1:00 p.m. - 4:00 p.m. More details are available on the city
website.
RushLine Corridor Update-Councilmember Rossbach shared details from the last Corridor
meeting which included a presentation from representatives from St. Louis County and
Duluth. Both entities are considering becoming members which could result in train
transportation being available to Duluth.
Gladstone Development-Councilmember Bartol expressed his concerns with the
proposed Gladstone Master Plan. Councilmembers Juenemann and Rossbach provided their
perspective on the "various pieces" of the project.
City Council Meeting 11-14-OS 30
O. ADMINISTRATIVE PRESENTATIONS
Council Meeting Date for Second Meeting in December
Mayor Cardinal moved to cancel the second City Council Meeting in December.
Seconded by Councilmember Rossbach Ayes-All
Ice Arena Board-Councilmember Koppen will be attending the December meeting. City
Manager Fursman asked council to inform him if another Councilmember would be interested in
attending the meeting also.
Councilmember Juenemann and Mayor Cardinal thanked City Clerk Guilfoile, city staff and
Election Judges for their efforts in the administration of the November 8`h election.
P. ADJOURNMENT
Mayor Cardinal adjourned the meeting at 9:20 p.m.
City Council Meeting 11-14-OS 31