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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 City Council Meeting Minutes 11-14-OS 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 City Council Meeting Minutes 11-14-OS 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. City Council Meeting Minutes 11-14-OS 3 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. City Council Meeting Minutes 11-14-OS 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 City Council Meeting Minutes 11-14-OS 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. City Council Meeting Minutes 11-14-OS 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), City Council Meeting Minutes 11-14-OS 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 City Council Meeting Minutes 11-14-OS 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, City Council Meeting Minutes 11-14-OS 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. City Council Meeting Minutes 11-14-OS 10 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 City Council Meeting Minutes 11-14-OS 11 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. City Council Meeting Minutes 11-14-OS 12 (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. City Council Meeting 11-14-OS 13 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