HomeMy WebLinkAbout12-16-19-SRAPPROVAL OF AGENDA
CONSENT CALENDAR
Those items listed under the Consent Calendar are considered to be routine by the
City Council and will be enacted by one motion under a Consent Calendar format.
There will be no separate discussion of these items, unless a Councilmember so
requests, in which event, the item will be removed from the general order of business
and considered separately in its normal sequence on the agenda.
Motion To Approve Claims And Payroll
Gayle Bauman, Finance Director
Pang Silseth, Accounting Analyst
MEMO.PDF
Motion To Approve The 2020 -2021 Local Union No. 49 Labor Agreement –Union
Employees
Dave Perrault, City Administrator
MEMO.PDF
ATTACHMENT A.PDF
ATTACHMENT B.PDF
Motion To Approve 2020 Tobacco License Renewals
Julie Hanson, CIty Clerk
MEMO.PDF
Motion To Approve 2020 Liquor License Renewals
Julie Hanson, City Clerk
MEMO.PDF
Consideration Of Employee Discipline, Public Works Maintenance Worker
Dave Perrault, City Administrator
MEMO.PDF
PULLED CONSENT ITEMS
Those items that are pulled from the Consent Calendar will be removed from the
general order of business and considered separately in its normal sequence on the
agenda.
PUBLIC HEARINGS
Establishment Of TIF District No. 5 (TCAAP), Modification To Development District
No. 1 And Interfund Loan
Stacie Kvilvang, Ehlers
MEMO.PDF
ATTACHMENT A.PDF
ATTACHMENT B.PDF
ATTACHMENT C.PDF
NEW BUSINESS
Resolution 2019 -048 Approving The Modification To The Development Program For
Development District No. 1 And Establishing Tax Increment Financing District No.
5; TCAAP Within Development District No. 1 And Approving The Tax Increment
Financing Plan Therefor
Stacie Kvilvang, Ehlers
MEMO.PDF
ATTACHMENT A.PDF
UNFINISHED BUSINESS
COUNCIL/STAFF COMMENTS
ADJOURN
Mayor:
David Grant
Councilmembers:
Brenda Holden
Fran Holmes
Dave McClung
Steve Scott
Special Regular City Council
Agenda
December 16, 2019
7:00 p.m.
City Hall
Address:
1245 W Highway 96
Arden Hills MN 55112
Phone:
651 -792 -7800
Website :
www.cityofardenhills.org
City Vision
Arden Hills is a strong community that values its unique environmental setting, strong residential
neighborhoods, vital business community, well -maintained infrastructure, fiscal soundness, and our
long -standing tradition as a desirable City in which to live, work, and play.
CALL TO ORDER
1.
2.
2.A.
Documents:
2.B.
Documents:
2.C.
Documents:
2.D.
Documents:
2.E.
Documents:
3.
4.
4.A.
Documents:
5.
5.A.
Documents:
6.
7.
APPROVAL OF AGENDACONSENT CALENDARThose items listed under the Consent Calendar are considered to be routine by the City Council and will be enacted by one motion under a Consent Calendar format. There will be no separate discussion of these items, unless a Councilmember so requests, in which event, the item will be removed from the general order of business and considered separately in its normal sequence on the agenda.Motion To Approve Claims And PayrollGayle Bauman, Finance DirectorPang Silseth, Accounting Analyst MEMO.PDFMotion To Approve The 2020 -2021 Local Union No. 49 Labor Agreement –Union EmployeesDave Perrault, City Administrator MEMO.PDFATTACHMENT A.PDFATTACHMENT B.PDFMotion To Approve 2020 Tobacco License RenewalsJulie Hanson, CIty Clerk
MEMO.PDF
Motion To Approve 2020 Liquor License Renewals
Julie Hanson, City Clerk
MEMO.PDF
Consideration Of Employee Discipline, Public Works Maintenance Worker
Dave Perrault, City Administrator
MEMO.PDF
PULLED CONSENT ITEMS
Those items that are pulled from the Consent Calendar will be removed from the
general order of business and considered separately in its normal sequence on the
agenda.
PUBLIC HEARINGS
Establishment Of TIF District No. 5 (TCAAP), Modification To Development District
No. 1 And Interfund Loan
Stacie Kvilvang, Ehlers
MEMO.PDF
ATTACHMENT A.PDF
ATTACHMENT B.PDF
ATTACHMENT C.PDF
NEW BUSINESS
Resolution 2019 -048 Approving The Modification To The Development Program For
Development District No. 1 And Establishing Tax Increment Financing District No.
5; TCAAP Within Development District No. 1 And Approving The Tax Increment
Financing Plan Therefor
Stacie Kvilvang, Ehlers
MEMO.PDF
ATTACHMENT A.PDF
UNFINISHED BUSINESS
COUNCIL/STAFF COMMENTS
ADJOURN
Mayor:David Grant Councilmembers:Brenda Holden Fran HolmesDave McClungSteve Scott Special Regular City Council Agenda December 16, 20197:00 p.m. City Hall Address:1245 W Highway 96 Arden Hills MN 55112 Phone:651 -792 -7800 Website : www.cityofardenhills.org City VisionArden Hills is a strong community that values its unique environmental setting, strong residential neighborhoods, vital business community, well -maintained infrastructure, fiscal soundness, and our long -standing tradition as a desirable City in which to live, work, and play.CALL TO ORDER1.2.2.A.Documents:2.B.Documents:2.C.Documents:
2.D.
Documents:
2.E.
Documents:
3.
4.
4.A.
Documents:
5.
5.A.
Documents:
6.
7.
APPROVAL OF AGENDACONSENT CALENDARThose items listed under the Consent Calendar are considered to be routine by the City Council and will be enacted by one motion under a Consent Calendar format. There will be no separate discussion of these items, unless a Councilmember so requests, in which event, the item will be removed from the general order of business and considered separately in its normal sequence on the agenda.Motion To Approve Claims And PayrollGayle Bauman, Finance DirectorPang Silseth, Accounting Analyst MEMO.PDFMotion To Approve The 2020 -2021 Local Union No. 49 Labor Agreement –Union EmployeesDave Perrault, City Administrator MEMO.PDFATTACHMENT A.PDFATTACHMENT B.PDFMotion To Approve 2020 Tobacco License RenewalsJulie Hanson, CIty Clerk MEMO.PDFMotion To Approve 2020 Liquor License RenewalsJulie Hanson, City Clerk MEMO.PDFConsideration Of Employee Discipline, Public Works Maintenance WorkerDave Perrault, City Administrator MEMO.PDFPULLED CONSENT ITEMSThose items that are pulled from the Consent Calendar will be removed from the general order of business and considered separately in its normal sequence on the agenda.PUBLIC HEARINGSEstablishment Of TIF District No. 5 (TCAAP), Modification To Development District No. 1 And Interfund Loan Stacie Kvilvang, Ehlers MEMO.PDFATTACHMENT A.PDFATTACHMENT B.PDFATTACHMENT C.PDFNEW BUSINESSResolution 2019 -048 Approving The Modification To The Development Program For Development District No. 1 And Establishing Tax Increment Financing District No. 5; TCAAP Within Development District No. 1 And Approving The Tax Increment Financing Plan ThereforStacie Kvilvang, Ehlers MEMO.PDFATTACHMENT A.PDFUNFINISHED BUSINESSCOUNCIL/STAFF COMMENTS
ADJOURN
Mayor:David Grant Councilmembers:Brenda Holden Fran HolmesDave McClungSteve Scott Special Regular City Council Agenda December 16, 20197:00 p.m. City Hall Address:1245 W Highway 96 Arden Hills MN 55112 Phone:651 -792 -7800 Website : www.cityofardenhills.org City VisionArden Hills is a strong community that values its unique environmental setting, strong residential neighborhoods, vital business community, well -maintained infrastructure, fiscal soundness, and our long -standing tradition as a desirable City in which to live, work, and play.CALL TO ORDER1.2.2.A.Documents:2.B.Documents:2.C.Documents:2.D.Documents:2.E.Documents:3.4.4.A.Documents:5.5.A.Documents:6.7.
CONSENT ITEM 2A
MEMORANDUM
DATE:
December 16, 2019
TO: Honorable Mayor and City Councilmembers
Dave Perrault, City Administrator
FROM: Gayle Bauman, Finance Director
Pang Silseth, Accounting Analyst
SUBJECT:
Budgeted Amount: Actual Amount: Funding Source:
N/A N/A N/A
Council Should Consider
A. Approve Claims and Payroll
or
B. Reject Claims and Payroll
Background
Payroll is processed biweekly and accounts payable is processed weekly.
Budget Impact
NA
Attachments
2019 Payroll #25 ……………………………………………………………. $107,584.31
Total Payroll $107,584.31
Paid Claims---11/30/2019 through 12/06/2019
(Check Nos. 48946-48961 and ACH Checks) ……………………………... $51,147.12
Total Accounts Payable $51,147.12
Total Claims $158,731.43
CITY OF ARDEN HILLS
PAYROLL # 25
CHECKS DATED: 12/13/19
Biweekly: 11/23/19 - 12/06/19
EMPLOYEE DEDUCTIONS AMT.Payment Method
FIT 7,002.73 EFT
SIT 3,270.76 EFT
FICA Oasdi 4,482.27 EFT
FICA Medicare 1,059.35 EFT
TOTAL TAXES 15,815.11
Health Premium 1,729.62 A/P Check*
Dental Premium 284.94 A/P Check*
FSA Health Care Reimb. 0.00 A/P Check*
FSA Dependent Care Reimb. 208.33 A/P Check*
TOTAL FLEXIBLE SPENDING 2,222.89
HSA Health Saving 368.33
Health Care Savings Plan-Retirement 0.00 EFT
Health Care Savings Plan-2% 406.55 EFT
Health Care Savings Plan-4% 534.02 EFT
TOTAL HEALTH SAVINGS 1,308.90
PERA 4,537.95 EFT
ICMA 2,564.37 EFT
Central Pension Fund-Union 606.72 A/P Check*
MN State Retirement System 504.56 EFT
TOTAL RETIREMENT 8,213.60
IUOE 49 Dues (Union) 140.00 A/P Check*
LTD/STD Insurance 1,193.36 A/P Check*
PERA Life Insurance 32.00 A/P Check*
Life/Addl/Dep Life 77.53 A/P Check*
Life/Addl 28.20
UNUM 19.51 A/P Check*
AFLAC 53.18 EFT
TOTAL VOLUNTARY 1,543.78
Total Employee Deductions 29,104.28
Net Payroll 0.00
Direct Deposit 47,188.43 EFT
Gross Payroll Tie-Out 76,292.71
Plus City Paid Benefit 31,291.60
TOTAL PAYROLL COST 107,584.31
FICA TIE-OUT
Gross Payroll 76,292.71
Less Total FSA 2,222.89
Less Total HAS 1,308.90
Less Voluntary Ins 81.38
Plus ICMA Employer 378.42
Net P/R Subject to FICA 73,057.96
FICA Oasdi @ 6.20% 4,482.27
FICA Medicare @ 1.45% 1,059.35
Note: Federal and State Payroll Tax obligations are satisfied by means of utilizing the US Bank Easy Tax
Deposit Service. Transfers are typically made up to two days after the payroll date.
* A/P Checks can be found on the ACCOUNTS PAYABLE Check Approval report.
Checks may be paid this week or the following week.
107.50
107.50
1,703.13
5,236.11
378.42
5,614.53
18,324.82
1,703.13
5,541.62
17,706.28
618.54
CITY BENEFIT
4,482.27
1,059.35
Accounts Payable
User:
Printed:
pang.silseth
12/11/2019 12:16 PM
Checks by Date - Detail by Check Date
Check No Check DateVendor NameVendor No Check Amount
Invoice No ReferenceDescription
0285 Xcel Energy 12/06/2019ACH
663536969 10/14/19-11/12/19 688.95
663536969 10/14/19-11/12/19 39.47
663536969 10/14/19-11/12/19 1,472.76
663536969 10/14/19-11/12/19 1,379.32
663536969 10/14/19-11/12/19 173.27
663536969 10/14/19-11/12/19 675.01
663536969 10/14/19-11/12/19 1,116.31
5,545.09Total for this ACH Check for Vendor 0285:
0339 Ferguson Waterworks 2516 12/06/2019ACH
348112 Water supplies 201.48
348114 Water supplies 308.49
348118 Water supplies 154.63
664.60Total for this ACH Check for Vendor 0339:
0576 TimeSaver Off Site Secretarial Inc.12/06/2019ACH
M25250 Council mtgs 11/18; 11/20; 11/25 715.00
715.00Total for this ACH Check for Vendor 0576:
0731 MIDWAY FORD 12/06/2019ACH
390356 Supplies 170.20
170.20Total for this ACH Check for Vendor 0731:
0922 North Suburban Access Corporation 12/06/2019ACH
2019-212 Set up new equipment 830.00
2019-215 Oct services 639.20
1,469.20Total for this ACH Check for Vendor 0922:
1125 Bolton & Menk, Inc.12/06/2019ACH
0242273 Colleen Ave drainage 10,629.50
0242284 Hazelnut Park 2,449.00
13,078.50Total for this ACH Check for Vendor 1125:
3270 Innovational Water Solutions, Inc 12/06/2019ACH
5177 D Montgomery clothing 287.40
287.40Total for this ACH Check for Vendor 3270:
5596 Jamar Company 12/06/2019ACH
551907 Gloves 88.80
88.80Total for this ACH Check for Vendor 5596:
7025 On Site Companies -OSSTC Inc.12/06/2019ACH
Page 1AP Checks by Date - Detail by Check Date (12/11/2019 12:16 PM)
Check No Check DateVendor NameVendor No Check Amount
Invoice No ReferenceDescription
853958 Restrooms December 285.00
285.00Total for this ACH Check for Vendor 7025:
esri ESRI 12/06/2019ACH
93716431 ArcGIS new user 651.51
651.51Total for this ACH Check for Vendor esri:
johc Johnson Controls Inc.12/06/2019ACH
1-90898545039 Boiler repairs 716.34
716.34Total for this ACH Check for Vendor johc:
advs Advantage Signs & Graphics, Inc 12/06/201948946
40548 Signs 79.90
79.90Total for Check Number 48946:
0131 Beisswenger's How-To Store 12/06/201948947
248995 Supplies 8.88
8.88Total for Check Number 48947:
2440 Berwald Roofing Company, INC 12/06/201948948
14641 Caulk leak 484.00
484.00Total for Check Number 48948:
11034 Nancy or Bill Blanski 12/06/201948949
24859 Fence repairs 804.00
804.00Total for Check Number 48949:
cpf1 Central Pension Fund 12/06/201948950
184503.1119 November contributions 1,791.36
1,791.36Total for Check Number 48950:
cpf1 Central Pension Fund 12/06/201948951
2018audit Central pension fund audit 93.72
93.72Total for Check Number 48951:
0719 City of St. Paul 12/06/201948952
IN38344 June-Oct animal boarding 1,045.00
1,045.00Total for Check Number 48952:
0546 Dakota County Tech College 12/06/201948953
173596 Training - snow plow 460.00
460.00Total for Check Number 48953:
10357 Emerge Enterprise, Inc 12/06/201948954
3709 Recycling 95.00
95.00Total for Check Number 48954:
4999 Hirshfield's Paint Mfg., Inc.12/06/201948955
6200706 Paint supplies 151.25
Page 2AP Checks by Date - Detail by Check Date (12/11/2019 12:16 PM)
Check No Check DateVendor NameVendor No Check Amount
Invoice No ReferenceDescription
151.25Total for Check Number 48955:
0447 I.U.O.E Local 49 Benefit Fund-Insurance 12/06/201948956
0120BP3 January 2020 premium 9,920.00
0120NB4 January 2020 premium 1,402.00
11,322.00Total for Check Number 48956:
10356 Jacon, LLC 12/06/201948957
6299 Street sweeping dump materials 1,289.00
1,289.00Total for Check Number 48957:
3100 Provident Life and Accident Ins Co 12/06/201948958
9672443.1119 November premium 39.02
39.02Total for Check Number 48958:
0811 Ramsey County 12/06/201948959
FLEET-000515 Oct fuel 2,612.58
2,612.58Total for Check Number 48959:
0327 Staples Business Advantage 12/06/201948960
3430448941 PW file cabinet 648.87
3430821817 Supplies 30.38
3430821819 PW supplies 225.48
3430821820 PW supplies 456.33
3430964814 Supplies 97.25
3431388016 Supplies 12.21
3431551034 Supplies 20.59
3431551034 Supplies 41.47
3431636143 Supplies 395.26
3431636144 Supplies 71.93
1,999.77Total for Check Number 48960:
1161 Valley-Rich Co., Inc.12/06/201948961
27763 Hydrant 1444 Arden Oaks Ct 5,200.00
5,200.00Total for Check Number 48961:
51,147.12Total for 12/6/2019:
Report Total (27 checks): 51,147.12
Page 3AP Checks by Date - Detail by Check Date (12/11/2019 12:16 PM)
DATE: December 16, 2019
TO: Honorable Mayor and City Councilmembers
FROM: Dave Perrault, City Administrator
SUBJECT: Approval of the 2020-2021 IUOE Local 49 Union Contract
Budgeted Amount: Actual Amount: Funding Source:
N/A $37,630 (over the 2019 budget) Multiple Funds
Council Should Consider
The Council may consider approving the Collective Bargaining Agreement between the City of
Arden Hills and the International Union of Operating Engineers (IOUE) Local 49 and authorize
the Finance Director to complete any necessary budget adjustments.
Background
The City and the IUOE Local 49, representing the Public Works employees, have been in
negotiations for the 2020-2021 contract since July. Following multiple meetings with the City
and Union’s negotiating teams, the Personnel Committee, and a City Council discussion, a draft
agreement has been put forward for City Council approval. The major changes are outlined
below and the draft agreement is attached (see Attachments A and B). The City Attorney has
reviewed the draft contract and is comfortable with moving it forward.
-Wage and Cost of Living Adjustment (COLA): an updated wage scale for the union has been
created, this scale brings the Union close to the average of other cities. The new scale also
extends the time it takes for a union employee to reach the top step assuming they start at the
first step in the scale. Lastly, it provides for a three percent COLA in the second year of the
contract. The impact of these changes equates to an approximate increase of $36,630 over the
2019 budget, half of which impacts the General Fund.
-Uniform Allowance: The uniform allowance includes a proposed increase to $600 for uniform
items and $200 for safety boots, up from $500 and $175, respectively. This equates to an
approximate $1,000 increase over the 2019 budget, half of which impacts the General Fund.
CONSENT ITEM – 2B
MEMORANDUM
Other changes, such as, changes to Comp Time, PTO, etc., are also being proposed and are
included in the draft contract.
Budget Impact
The draft agreement equates to an approximate increase of $37,630 over the 2019 budget.
This approval will also allow for the Finance Director to make minor budget adjustments to the
approved 2020 budget to reflect the changes.
Note, on the marked up document (Attachment A), generally the marks up in green are merely
paragraphs that were moved around for spacing and formatting, and may be repeated in the
document, but they generally do not represent any changes to the wording.
Attachment
Attachment A: Changes Marked Version of Draft Labor Agreement 2020-2021
Attachment B: Clean Version of Draft Labor Agreement 2020-2021
LABOR AGREEMENT
BETWEEN
THE CITY OF ARDEN HILLS
AND
INTERNATIONAL UNION OF OPERATING ENGINEERS
LOCAL NO. 49
AFL-CIO
JANUARY 1, 202018 THROUGH DECEMBER 31,
20192021
/
TABLE OF CONTENTS
ARTICLE NO. DESCRIPTION PAGE NO.
I PURPOSE OF AGREEMENT ................................................................... 1
II RECOGNITION ........................................................................................ 1
III UNION SECURITY .................................................................................... 1
IV EMPLOYER AUTHORITY ...................................................................... 2
V EMPLOYEE RIGHTS/ GRIEVANCE PROCEDURE ............................... 2
VI DEFINITIONS ..................................................................................... 4
VII SAVINGS CLAUSE .............................................................................. 5
VIII WORK SCHEDULES ............................................................................ 5
IX OVERTIME PAY ................................................................................... 6
X STANDBY AND CALL BACK ................................................................ 7
XI LEGAL DEFENSE ............................................................................... 7
XII RIGHT OF SUBCONTRACT ................................................................. 7
XIII DISCIPLINE AND DISCHARGE ........................................................... 7
XIV SENIORITY ......................................................................................... 8
XV LAY-OFF ............................................................................................. 8
XVI PROBATIONARY PERIODS ................................................................ 8
XVII SAFETY .............................................................................................. 8
XVIII JOB POSTING .................................................................................... 8
XIX PERSONAL TIME OFF CONVERSION .................................................. 9
XX FUNERAL LEAVE ............................................................................... 9
XXI PERSONAL TIME OFF (PTO) .............................................................. 9
XXII GROUP INSURANCE ........................................................................... 10
XXIII HOLIDAYS ........................................................................................... 11
XXIV UNIFORM ALLOWANCE ........................................................................ 11
XXV MILEAGE REIMBURSEMENT FOR TRAINING .................................... 11
XXVI INJURY ON DUTY ................................................................................ 12
XXVII UNUSED SICK LEAVE PAY ................................................................. 12
XXVIII WAIVER .............................................................................................. 12
XXIX CENTRAL PENSION FUND ................................................................. 13
XXX POST EMPLOYMENT HEALTH CARE SAVINGS PLAN 13
XXXI DURATION ......................................................................................... 14
SIGNATURES ..................................................................................... 14
APPENDIX A - WAGES AND CLASSIFICATIONS, LICENSE
PAY INCENTIVE ..................................................................................... 15
COMMERCIAL DRIVERS LICENSE, LETTER OF
UNDERSTANDING ............................................................................. 17
OVERTIME CLARIFICATION MOU………………………………………
CELEBRATING ARDEN HILLS EVENT, LETTER OF
UNDERSTANDING .................................................................................... 18
LABOR AGREEMENT
Between
CITY OF ARDEN HILLS
And
INTERNATIONAL UNION OF OPERATING ENGINEERS
LOCAL NO. 49
ARTICLE I — PURPOSE OF AGREEMENT
THIS AGREEMENT is entered into between the CITY OF ARDEN HILLS, hereinafter called the
EMPLOYER, and LOCAL NO. 49, INTERNATIONAL UNION OF OPERATING ENGINEERS,
AFL-CIO, hereinafter called the UNION.
The intent and purpose of this AGREEMENT is to
1.1 Establish certain hours, wages, and other conditions of employment;
1.2 Establish procedures for the resolution of disputes concerning this
AGREEMENT'S interpretation and/or application;
1.3 Specify the full and complete understanding of the parties; and
1.4 Place in written form the parties' agreement upon terms and conditions of
employment for the duration of the AGREEMENT.
The EMPLOYER and the UNION, through this AGREEMENT, continue their dedication to the
highest quality of public service. Both parties' recognize this AGREEMENT as a pledge of this
dedication.
ARTICLE II — RECOGNITION
The EMPLOYER recognizes the UNION as the exclusive representative for all job classifications
included herein whose employment services exceed the lesser of fourteen (14) hours per week,
or thirty-five percent (35%) of the normal work week, and more than sixty-seven (67) work days
per year, excluding supervisory, confidential and all other employees.
ARTICLE III — UNION SECURITY
In recognition of the UNION as the exclusive representative, the EMPLOYER shall:
3.1 Deduct each payroll period an amount sufficient to provide the payment of dues
established by the UNION from the wages of all employees authorizing in writing such
deduction, and
3.2 Remit such deduction to the appropriate designated officer of the UNION.
1
3.3 Provide or designate a bulletin board, or a portion thereof, for posting of notices of
UNION affairs.
3.4 The UNION may designate one employee from the bargaining unit to act as Steward,
and shall inform the EMPLOYER in writing of such choice.
3.5 The UNION agrees to indemnify and hold the EMPLOYER harmless against any and all
claims, suits, orders, or judgments brought or issued against the City as a result of
any action taken or not taken by the City under the provisions of this Article.
ARTICLE IV — EMPLOYER AUTHORITY
4.1 The UNION recognizes the prerogative of the EMPLOYER to operate and manage its
affairs in all respects in accordance with existing and future laws and regulations of
appropriate authorities including municipality personnel policies and work rules.
4.2 The prerogatives and authority which the EMPLOYER has not officially abridged,
delegated or modified by the AGREEMENT are retained by the EMPLOYER.
ARTICLE V — EMPLOYEE RIGHTS/ GRIEVANCE PROCEDURE
5.1 Definition of a Grievance
A grievance is defined as a dispute or disagreement as to the interpretation or
application of the specific terms and conditions of this AGREEMENT.
5.2 Union Representatives
The EMPLOYER will recognize representatives designated by the UNION as the
grievance representatives of the bargaining unit having the duties and responsibilities
established by this Article. The UNION shall notify the EMPLOYER in writing of the
names of such UNION representatives and of their successors when so designated.
5.3 Processing of a Grievance
It is recognized and accepted by the UNION and the EMPLOYER that the processing of
grievances as hereinafter provided is limited by the job duties and responsibilities of the
employees and shall therefore be accomplished during normal working hours only when
consistent with such employee duties and responsibilities. The aggrieved employee and
the UNION representative shall be allowed a reasonable amount of time without loss in
pay when a grievance is investigated and presented to the EMPLOYER during normal
working hours, provided the employee and the UNION representative have notified and
received approval of the designated supervisor who has determined that such absence is
reasonable and would not be detrimental to the work programs of the EMPLOYER.
5.4 Procedure
Grievances, as defined by Section 5.1 shall be resolved in conformance with
the following procedure:
Step 1. An employee claiming a violation concerning the interpretation or
application of this AGREEMENT shall, within ten (10) calendar days after such alleged
2
violation has occurred present such grievance to the employee's supervisor as designated
by the EMPLOYER. The EMPLOYER-designated representative will discuss and give an
answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance
not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the
nature of the grievance, the facts on which it is based, the provision or provisions of the
Agreement allegedly violated, and the remedy requested, and shall be appealed to Step 2
within ten (10) calendar days after the EMPLOYER-designated representative's final
answer in Step 1. Any grievance not appealed in writing to Step 2 by the UNION within ten
(10) calendar days shall be considered waived.
Step 2. If appealed, the written grievance shall be presented by the UNION and
discussed with the EMPLOYER-designated Step 2 representative. The EMPLOYER-
designated representative shall give the UNION the EMPLOYER'S Step 2 answer in
writing within ten (10) calendar days after receipt of such Step 2 grievance. A grievance
not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following
the EMPLOYER-designated representative's final Step 2 answer. Any grievance not
appealed in writing to Step 3 by the UNION within ten (10) calendar days shall be
considered waived.
Step 3. If appealed, the written grievance shall be presented by the UNION and
discussed with the EMPLOYER-designated Step 3 representative. The EMPLOYER-
designated representative shall give the UNION the EMPLOYER'S answer in writing
within ten (10) calendar days after receipt of such Step 3 grievance. A grievance not
resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days following
the EMPLOYER-designated representative's final answer in Step 3. Any grievance not
appealed in writing to Step 4 by the UNION within ten (10) calendar days shall be
considered waived.
Step 4. A grievance unresolved in Step 3 and appealed to Step 4 shall be
submitted to the Minnesota Bureau of Mediation Services. A grievance not resolved in
Step 4 may be appealed to Step 5 within ten (10) calendar days following the
EMPLOYER'S final answer in Step 4. Any grievance not appealed in writing to Step 5 by
the UNION within ten (10) calendar days shall be considered waived.
Step 5. A grievance unresolved in Step 4 and appealed to Step 5 shall be
submitted to arbitration. The arbitration proceeding shall be conducted by an arbitrator to
be selected by mutual agreement of the EMPLOYER and the UNION within seven (7)
calendar days after the request for such action. If the parties fail to mutually agree upon
an arbitrator within the said seven (7) day period, either party may request the Director,
Bureau of Mediation Services, to provide a panel of five (5) arbitrators. Both the
EMPLOYER and the UNION shall have the right to strike two (2) names from panel. The
party requesting arbitration shall strike the first name, the other party shall then strike one
(1) name and the process will be repeated and the remaining person shall be the
arbitrator. The decision of the arbitrator shall be final and binding upon the parties. The
arbitrator shall be requested to issue a decision within thirty (30) calendar days after the
close of the record unless the parties mutually agree to an extension.
5.5 Arbitrator's Authority
A. The arbitrator shall have no right to amend, modify, nullify, ignore, add to or
subtract from the terms and conditions of this AGREEMENT. The arbitrator
shall consider and decide only the specific issue(s) submitted in writing by the
EMPLOYER and the UNION, and shall have no authority to make a decision
on any other issue not so submitted.
3
The arbitrator shall be without power to make decisions contrary to, or inconsistent
with, or modifying or varying in any way, the application of laws, rules, or
regulations having the force and effect of law. The arbitrator's decision shall be
submitted in writing within thirty (30) days following the close of the hearing or the
submission of briefs by the parties, whichever be later, unless the parties agree to
any extension. The decision shall be binding on both the EMPLOYER and the
UNION and shall be based solely on the arbitrator's interpretation or application of
the express terms of this AGREEMENT and to the facts of the grievance
presented.
C. The fees and expenses for the arbitrator's services and proceedings shall be
borne equally by the EMPLOYER and the UNION, provided that each party shall
be responsible for compensating its own representatives and witnesses. If either
party desires a verbatim record of the proceedings, it may cause such a record to
be made, providing it pays for the record. If both parties desire a verbatim record
of the proceedings, the cost shall be shared equally.
5.6 Waiver
If a grievance is not presented within the time limits set forth above, it shall be considered
"waived". If a grievance is not appealed to the next step within the specified time limit or
agreed extension thereof, it shall be considered settled on the basis of the EMPLOYERS
last answer. If the EMPLOYER does not answer a grievance or an appeal thereof within
the specified time limits, the UNION may elect to treat the grievance as denied at that
step and immediately appeal the grievance to the next step. The time limit in each step
may be extended by mutual agreement of the EMPLOYER and the UNION.
ARTICLE VI — DEFINITIONS
6.1 UNION
The International Union of Operating Engineers, Local No. 49, AFL-CIO.
6.2 EMPLOYER
The City of Arden Hills, Ramsey County. Minnesota, a Minnesota municipal corporation.
6.3 UNION MEMBER
A member of the International Union of Operating Engineers, Local No. 49, AFL-CIO.
6.4 EMPLOYEE
A member of the exclusively recognized bargaining unit.
6.5 BASE PAY RATE
The employee's hourly pay rate exclusive of longevity or any other special allowance.
6.6 SENIORITY
Length of continuous service in any of the job classifications covered by ARTICLE II
RECOGNITION. Employees who are promoted from a job classification covered by this
AGREEMENT and return to a job classification covered by this AGREEMENT shall have
their seniority calculated on the length of service under this AGREEMENT for purposes of
promotion, transfer, and lay off and total length of service with the EMPLOYER for other
benefits under this AGREEMENT.
4
6.7 STEWARD
Employee whose responsibilities are limited to receiving complaints from its members of
violations of the AGREEMENT, checking status of membership in the unit reporting safety
problems and service as a communication link.
6.8 OVERTIME
Work performed at the express authorization of the EMPLOYER in excess of either eight
(8) hours within a twenty-four (24) hour period (except for shift changes) or more than forty
(40) hours within a seven (7) day period.
6.9 HOLIDAY OVERTIME
Employees required to work on an observed Holiday (refer to Article )0011) shall be
compensated one and one-half (1.5) times their base hourly pay rate for each hour worked.
Employees required to work on the actual holiday shall be compensated two (2) times their
base hourly pay rate for each hour worked.
6.10 CALL BACK
Return of an employee to a specified work site to perform assigned duties at the express
authorization of the EMPLOYER at a time other than an assigned shift. An extension of or
early report to an assigned shift is not a call back.
ARTICLE VII — SAVINGS CLAUSE
This AGREEMENT is subject to the laws of the United States, the State of Minnesota, and the
City of Arden Hills In the event any provision of this AGREEMENT shall be held to be contrary to
law by a court of competent jurisdiction from whose final judgment or decree no appeal has been
taken within the time provided, such provision shall be void. All other provisions of this
AGREEMENT shall continue in full force and effect. The voided provision may be renegotiated
at the request of either party.
ARTICLE VIII — WORK SCHEDULES
8.1 The EMPLOYER has the sole authority in the preparation of work schedules. The normal
work day for an employee shall be eight (8) hours. The normal work week shall be forty
(40) hours.
8.2 Service to the public may require the establishment of regular shifts for some employees
on a daily, weekly, seasonal, or annual basis other than the normal work day or week. The
EMPLOYER shall give at least two (2) working days advance notice to the employees
affected by the establishment of work days different from the employee's normal work day
or week. The EMPLOYER will first ask for volunteers to staff these changes to the normal
work week or day. If there are not enough volunteers to fill the shift change, the
EMPLOYER will assign personnel to fill the shift based on seniority. Those employees with
the least seniority will be assigned first until all shifts are assigned.
8.3 The employees shall be allowed one coffee break in the morning of thirty (30) minutes in
duration inclusive of driving time to and from the Public Works building if required, and
no coffee break in the afternoon. They shall be allowed a lunch period of thirty (30)
minutes for which they will receive no pay.
5
The thirty (30) minutes unpaid lunch break will exclude driving time to and from the
work site to the City garage. This driving time will be limited to driving to and from the
City garage and the work site(s); interim stops will not be permitted.
It is understood that the EMPLOYER or designated representative may require that
the thirty (30) minutes unpaid lunch break be taken at the work site when warranted
for reasons of business necessity.
8.4 In the event that work is required because of unusual circumstances such as (but not
limited to) fire, flood, snow, sleet, or breakdown of municipal equipment or facilities, no
advance notice need be given. It is not required that an employee working other than
the normal work day be scheduled to work more than eight (8) hours; however, each
employee has an obligation to work overtime or call backs if requested unless unusual
circumstances prevent the employee from so working.
8.5 Service to the public may require the establishment of regular work weeks that schedule
work on Saturdays and/or Sundays.
8.6 No involuntary time off without pay (temporary lay-off) will be implemented for regular
employees while temporary or part-time employees are on the payroll, with the exception
of the employee doing janitorial work at City Hall and the "On the Job Training" students.
8.7 In the event that the EMPLOYER initiates a temporary interruption in employment the
EMPLOYER may provide employees in the affected unit an opportunity to voluntarily
request leaves of absence without pay. Such temporary interruptions in employment
shall not be considered a lay-off. While on unpaid leave of absence due to temporary
interruption in employment the employee will continue to accrue seniority.
ARTICLE IX — OVERTIME PAY
9.1 For the purposes of determining overtime pay, each day will be the twenty-four (24) hour
period beginning at 12:01 a.m. and ending at midnight, while each week will be
the seven (7) day period beginning on Saturday and ending on Friday.
9.2 Hours worked in excess of eight (8) within a twenty-four (24) hour period (except for shift
changes) or more than forty (40) within a seven (7) day period will be compensated for
at one and one-half (1-1/ 2) times the employee's regular base pay. All hours worked
on an actual holiday will be compensated for at two (2) times the employee's regular
base pay. (Refer to definitions found in Article VI, section 6.9) For purposes of this
section, "hours worked" shall include hours designated as holiday, personal time off,
or compensatory time-off.
9.3 At the discretion of the EMPLOYER, an employee may receive compensatory time off in
lieu of overtime pay at the rate of one and one-half (1-1/ 2) times the employee's
regular base pay or two (2) times the employee's regular base pay for hours worked
on an actual holiday, or be paid for overtime worked.
9.4 Maximum compensatory time accumulated shall not exceed forty eighty (4080) hours. If
the maximum is exceeded, the employee will receive overtime pay to reduce the
accumulation to the maximum allowed.
6
ARTICLE X — STANDBY AND CALL BACK
10.1 The EMPLOYER will establish a seven (7) day rotating schedule of standby
assignments. The employee on standby status will be available during that period for
call back and the EMPLOYER will call that employee first should any call back be
necessary. The employee will be paid one (1) hour at time and one-half the regular
rate of pay for that employee for standby on weekdays. The employee will be paid two
(2) hours at time and one-half the regular rate of pay for that employee for standby on
weekends and observed holidays.
10.2 At the discretion of the EMPLOYER, an employee may receive compensatory time off
in lieu of standby pay or be paid on the basis of one and one-half (1-1/ 2) hours
compensatory time off for each twenty-four (24) hour period on standby status
Monday through Friday; three (3) hours compensatory time off for each twenty-four
(24) hour period on standby status on weekends and those dates recognized by the
EMPLOYER as observed holidays. Such compensatory time accumulation shall be
part of the maximum allowed under Section 9.4.
10.3 An employee called in for work at a time other than the employee's normal scheduled shift
will be compensated for a minimum of two (2) hours' pay at one and one-half (1-1/2) times
the employee's base pay rate, or two times the base rate on the actual holiday. Special
weekend and holiday schedules for lift checking shall be treated as call backs.
10.4 Special weekend and holiday schedules for lift station checking shall be treated as a
call back.
ARTICLE XI — LEGAL DEFENSE
11.1 Employees involved in litigation because of negligence, ignorance of laws, non-
observance of laws, or as a result of employee judgmental decision shall not
receive legal defense by the City.
11.2 Except as provided in Section 11.1 hereof, any employee who is charged with a traffic
violation, ordinance violation or criminal offense arising from acts performed within the
scope of employment, when such act is performed in good faith and under direct order
of the supervisor, shall be reimbursed for reasonable attorney's fees and court costs
actually incurred by such employee in defending against such charge.
ARTICLE XII — RIGHT OF SUBCONTRACT
12.1 Nothing contained in this AGREEMENT shall prohibit or restrict the right of the
EMPLOYER from subcontracting work performed by employees covered by
this AGREEMENT.
ARTICLE XIII — DISCIPLINE AND DISCHARGE
13.1 The EMPLOYER retains the sole right to discipline and discharge employees.
7
ARTICLE XIV — SENIORITY
14.1 Seniority will be the determining criterion for transfers, promotions and lay-offs only
when all other qualification factors are equal.
ARTICLE XV — LAY-OFF
15.1 If a lay-off is deemed necessary by the EMPLOYER, the affected employees will
be notified in writing at least four (4) weeks prior to the effective date.
ARTICLE XVI — PROBATIONARY PERIODS
16.1 All newly hired or rehired employees will serve a minimum of six (6) months probationary
period. If the EMPLOYER extends the initial probationary period beyond six (6) months, the
employee's base pay rate will not change until the employee has successfully completed
the designated probationary period. The extended probationary period will not exceed three
(3) months.
16.2 An employee will serve a probationary period in any job classification for which
the employee has not served one previously.
16.3 At any time during the probationary period, the probationary employee may
be discharged at the sole discretion of the EMPLOYER.
16.4 At any time during the probationary period, a promoted or reassigned employee may
be demoted or reassigned to the employee's previous position at the sole discretion of
the EMPLOYER.
16.5 At least three (3) weeks prior to the completion of the probationary period, the City
Administrator/Clerk shall review the performance of the probationary employee, and notify
the Council of the City Administrator’s recommendations if a termination is recommended.
The matter shall be placed on the Council agenda for the next regular meeting, at which
time the Council shall consider the recommendation and make a determination as to
whether the employee shall be terminated at the end of the probationary period. If the
employee is not to be continued beyond the end of the probationary period, the employee
shall be so notified before the end of such period. The City Administrator will have
discretion to approve the successful completion of a probationary period and/or extend a
probationary period. when necessary.
ARTICLE XVII — SAFETY
17.1 The EMPLOYER and the UNION agree to jointly promote safe and healthful working
conditions, to cooperate in safety matters and to encourage employees to work in a
safe manner.
ARTICLE XVIII — JOB POSTING
18.1 The EMPLOYER and the UNION agree that permanent job vacancies within the
designated bargaining unit shall be filled based on the concept of promotion from within
provided that applicants:
8
18.11 have the necessary qualifications to meet the standards of the job
vacancy; and
18.12 Have the ability to perform the duties and responsibilities of the job
vacancy.
18.2 Employees filling a higher job class based on the provisions of this Article, shall be
subject to the conditions of ARTICLE XVI, "PROBATIONARY PERIODS".
18.3 The EMPLOYER has the right of final decision in the selection of employees to fill
posted jobs based on qualifications, abilities, and experience.
18.4 Job vacancies within the designated bargaining unit will be posted for five (5) work days
so that members of the bargaining unit can be considered for such vacancies.
ARTICLE XIX — PERSONAL TIME OFF CONVERSION
19.1 All employees hired before June 29, 2002, will convert their current sick leave accrued
hours to Personal Time Off (PTO). The conversion will be calculated by adding current
accrued sick leave and current accrued vacation and subtracting two hundred forty hours
(240) as PTO. The remainder of the sick leave will be added to the "Bank". "Bank" is
defined as accrued hours which may be used only when the employee qualifies under
Short Term Disability, Long-Term Disability or when accrued PTO is exhausted. For
allowed accruals over the maximum refer to Article XXI, section 21.3.
ARTICLE XX — FUNERAL LEAVE
20.1 Each employee shall be entitled to three (3) paid days of funeral leave for a death in the
immediate family of the employee.
20.2 "Immediate family" shall mean an employee's spouse, children, siblings, parents,
grandparents, aunts, uncles, nephews, nieces, in-laws or grandchildren.
ARTICLE XXI — PERSONAL TIME OFF (PTO)
21.1 Personal Time Off (PTO) is authorized absence from duty.
Employees working an average of 40 hours per week on an annual basis are eligible for
Personal Time Off. Employees may not use Personal Time Off until successful
completion of their probationary period although Personal Time Off accumulates during
this time.
The following chart provides information regarding Personal Time Off. Years of service
are calculated from the anniversary date of employment.
PERSONAL TIME OFF SCHEDULE FOR EMPLOYEES HIRED PRIOR TO JANUARY
1, 2020:
Completed years of Service Personal Time
0 — 5 Years 7 hours bi-weekly
6 10 Years 9 hours bi-weekly
After 10 Years 10 hours bi-weekly 9
PERSONAL TIME OFF SCHEDULE FOR EMPLOYEES HIRED AFTER JANUARY 1,
2020:
Completed Months of Service Personal Time
0 – 36 months 6 hours bi-weekly
37 months - 108 months 7 hours bi-weekly
109 months – 168 months 7.5 hours bi-weekly
169 months – 228 months 8.5 hours bi-weekly
229 months or more 9 hours bi-weekly
Benefit year for Personal Time Off is March 1 t through February 28th. A maximum of 240
hours of Personal Time Off may be carried over from benefit year to benefit year.
Carryover beyond 240 hours of Personal Time Off will only be made in accordance with
Section 21.3 or under special circumstances with approval from the City Administrator.
Any employee leaving the service of the City in good standing will be compensated 100%
for Personal Time Off up to 240 hours or amount allowed in Section 21.3 accrued to the
day of separation provided said employee has served at least twelve (12) consecutive
months prior to separation. Such pay for accumulated Personal Time Off will be at the
same rate as the hourly rate of the employee's base salary. Personal Time Off may not
be used to extend an employee's actual termination date.
When a paid holiday falls on a working day during an employee's Personal Time Off, the
day of the holiday will not be counted as a day of Personal Time Off.
One (1) day of Personal Time Off shall equal eight (8) hours for full-time employees. be
equivalent to the regular number of hours in a workday.
21.2 Personal Time Off may not be used by an employee until the end of the employee’s
probationary period.
21.3 A regular employee cannot carry into the next year more accrued PTO benefits than
forty (40) hours in excess of the maximum of two hundred forty (240) hours.
In unusual or extenuating circumstances in order to accomplish the work programs of the
EMPLOYER, the employee may be allowed to carry accrued, unused PTO beyond
two-hundred eighty forty (280240) hours into the next benefit year with the prior
approval of the Department Head.
21.4 All requests for PTO of five (5) or more consecutive work days shall be submitted by April
1st of each year, and posted for five (5) consecutive work days. In case of any conflict for
a preferred PTO period(s), the senior employee will be given preference. Any PTO
requests of less than five (5) consecutive work days that are submitted more than four (4)
weeks in advance shall be posted for three (3) work days. Any conflicts in scheduling shall
be resolved by seniority. Any PTO requests which are not posted shall be considered on
a "first come, first served" basis.
ARTICLE XXII — GROUP INSURANCE
10
22.1 Effective January 1, 2013, the EMPLOYER will contribute the same dollar contribution as
approved for non-union employees to the Operating Engineers, Local 49 Health and Welfare
Administrators for Group Health and Dental Insurance. This dollar amount will be equivalent to the
dollar amount received by non-union employees on a family insurance plan, as long as, the union
plan remains a family plan. If the Union were to offer a single insurance plan, then the dollar
amount would match the total single insurance dollar contribution for non-union employees for
those union employees electing the single plan, the family contribution would remain the same.
At no point will the City’s contribution exceed the cost of the Union’s monthly insurance, if the
monthly premium is less than the City contribution the City will contribute the lesser amount.
22.2 Employees may participate, at their own expense, in additional life, short-term, and long-
term disability insurance as an add-ons to City sponsored plans approved under the
EMPLOYER'S current insurance provider.
22.3 It is understood that the EMPLOYER'S only obligation is to pay the EMPLOYER
contribution for group insurance premiums as agreed to herein. The EMPLOYER is not liable for
claims as a result of a denial of insurance benefits by an insurance carrier.
22.2 In the event that an employee resigns, retires, or is otherwise separated from employment
for any reason, the EMPLOYER will deduct from the employee's final paycheck the EMPLOYER-
paid portion of the group insurance premium for the remainder of the quarter following the
employee's date of separation from employment.
ARTICLE XXIII — HOLIDAYS
23.1 The EMPLOYER will provide twelve (12) paid holidays as follows:
Holiday
New Year’s Day
Martin Luther King Day
Presidents' Day
Memorial Day
Independence Day
Labor Day
Veterans Day
Thanksgiving Day
Thanksgiving Day Day After
Christmas Eve Day
Christmas Day
New Year's Eve Day
Observance Day
January 1
Third Monday in January
Third Monday in February
Last Monday in May
July 4
First Monday in September
November 11
Fourth Thursday in November
Fourth Friday in November
December 24
December 25
December 31
23.2 In the event that New Year's Day, Independence Day, Veteran's Day, or Christmas Day
fall on a Sunday, the following Monday shall be a paid holiday. If any of the preceding
holidays fall on a Saturday, the preceding Friday shall be a paid holiday.
23.3 Employees required to work on a designated holiday shall be compensated one and
one-half (1.5) times their base hourly pay rate for each hour worked, plus Holiday pay.
Employees required to work on the actual holiday shall be compensated two (2) times
their base hourly pay rate for each hour worked plus holiday pay if the actual holiday
qualifies for holiday pay in section 23 1.
22.3 It is understood that the EMPLOYER'S only obligation is to pay the EMPLOYER
contribution for group insurance premiums as agreed to herein. The EMPLOYER is not
liable for claims as a result of a denial of insurance benefits by an insurance carrier.
11
ARTICLE XXIII — HOLIDAYS
23.1 The EMPLOYER will provide twelve (12) paid holidays as follows:
Holiday
New Year’s Day
Martin Luther King Day
Presidents' Day
Memorial Day
Independence Day
Labor Day
Veterans Day
Thanksgiving Day
Thanksgiving Day Day After
Christmas Eve Day
Christmas Day
New Year's Eve Day
Observance Day
January 1
Third Monday in January
Third Monday in February
Last Monday in May
July 4
First Monday in September
November 11
Fourth Thursday in November
Fourth Friday in November
December 24
December 25
December 31
23.2 In the event that New Year's Day, Independence Day, Veteran's Day, or Christmas Day fall on a
Sunday, the following Monday shall be a paid holiday. If any of the preceding holidays fall on a
Saturday, the preceding Friday shall be a paid holiday.
23.3 Employees required to work on a designated holiday shall be compensated one and one-half
(1.5) times their base hourly pay rate for each hour worked, plus Holiday pay. Employees
required to work on the actual holiday shall be compensated two (2) times their base hourly
pay rate for each hour worked plus holiday pay if the actual holiday qualifies for holiday pay in
section 23 1.
ARTICLE XXIV — UNIFORMS
24.1 The Employer shall provide each employee with an annual uniform allowance of five six
hundred dollars ($500600.00) and an ANSI approved safety boot allowance of one
hundred and seventy fivetwo-hundred dollars ($175200.00).
24.2 Employees shall purchase ANSI approved safety boots and uniforms from the same
vendor not to exceed the maximum allowance. Uniforms are to be approved by the
Public Works Director.
24.3 The Employer will provide the Employee with an authorized 3-in-1 reflective safety jacket
every other year and a reflective rain flagger suit every three years.
24.4 Employees will purchase and wear only uniform items that have been authorized by the
City and are prohibited from wearing personal items as uniform items.
24.5 Receipts are required for all items purchased.
11
24.6 The City shall provide OSHA required Personal Protective Equipment (PPE), including
but not limited to safety vests, non-prescription safety glasses, and ear protection.
Employees are expected to be OSHA compliant at all times.
24.7 The Employer shall provide seasonal employee one hundred and twenty five dollars
($125.00) for ANSI approved safety boots. The Employer shall also provide PPE as well
as five (5) logoed t-shirts.
ARTICLE XXV — MILEAGE REIMBURSEMENT FOR TRAINING
25.1 An employee must have the prior approval of the Public Works Superintendent to attend
training to enhance job-related knowledge and skills.
25.2 An employee using a privately owned vehicle to travel to and from the location of
approved training will receive mileage reimbursement at the federal rate which is
adopted by the EMPLOYER annually.
ARTICLE XXVI — INJURY ON DUTY
26.1 If an injury on duty results in an employee missing work, the EMPLOYER will pay the
employee's regular base pay rate. The amount paid by the Worker's Compensation
Insurance will be turned over by the employee to the EMPLOYER.
26.2 This injury on duty benefit would be provided up to a maximum of twenty-six (26)
days.
26.3 No Personal Time Off shall be charged for payment of this benefit.
ARTICLE XXVII — UNUSED SICK LEAVE PAY
27.1 Regular full-time employees who have completed ten (10) or more years of continuous
service with the EMPLOYER and who leave in good standing, will receive 33-1/3% of
unused, accumulated sick leave upon their separation. Regular full-time employees who
have completed twenty (20) or more years of continuous service with the EMPLOYER
and who leave in good standing, will receive 50% of unused, accumulated sick leave upon
their separation. To qualify for this benefit an employee must have an established sick
leave bank resulting from the conversion to the PTO program. (Refer to Article XXIX
section 19.1.) Any benefit paid under this Article shall be paid into the employee's Post-
Employment Health Care Savings Plan (Refer to Article XXX (section 30.4).
12
ARTICLE XXVI — INJURY ON DUTY
26.1 If an injury on duty results in an employee missing work, the EMPLOYER will pay the
employee's regular base pay rate. The amount paid by the Worker's Compensation
Insurance will be turned over by the employee to the EMPLOYER.
26.2 This injury on duty benefit would be provided up to a maximum of twenty-six (26)
days.
26.3 No Personal Time Off shall be charged for payment of this benefit
ARTICLE XXVII — UNUSED SICK LEAVE PAY
27.1 Regular full-time employees who have completed ten (10) or more years of continuous
service with the EMPLOYER and who leave in good standing, will receive 33-1/3% of
unused, accumulated sick leave upon their separation. Regular full-time employees who
have completed twenty (20) or more years of continuous service with the EMPLOYER
and who leave in good standing, will receive 50% of unused, accumulated sick leave upon
their separation. To qualify for this benefit an employee must have an established sick
leave bank resulting from the conversion to the PTO program. (Refer to Article XXIX
section 19.1.) Any benefit paid under this Article shall be paid into the employee's Post-
Employment Health Care Savings Plan (Refer to Article XXX (section 30.4).
ARTICLE XXVIII — WAIVER
28.1 Any and all prior agreements, resolutions, practices, policies, rules and regulations
regarding terms and conditions of employment, to the extent inconsistent with
the provisions of this AGREEMENT, are hereby superseded.
28.2 The parties mutually acknowledge that during the negotiations which resulted in this
AGREEMENT, each had the unlimited right and opportunity to make demands and
proposals with respect to any term or condition of employment not removed by law from
bargaining. All agreements and understandings arrived at by the parties are set forth in
writing in this AGREEMENT for the stipulated duration of this AGREEMENT. The
EMPLOYER and the UNION each voluntarily and unqualifiedly waives the right to meet
and negotiate regarding any and all terms and conditions of employment referred to or
covered in this AGREEMENT, or with respect to any term or condition of employment
not specifically referred to or covered by this AGREEMENT, even though such terms or
conditions may not have been within the knowledge or contemplation of either or both
parties at the time this contract was negotiated or executed.
ARTICLE XXIX — CENTRAL PENSION FUND
The EMPLOYER and the UNION agree that an amount designated herein that would otherwise
be paid in salary or wages will be contributed instead to the Central Pension Fund (CPF) as
pretax employer contributions. A pension contribution of ninety-six cents ($0.96) per hour will be
made for each employee, for a maximum of two thousand eighty hours (2080) per calendar year.
The hourly contribution rate will be applied to every hour compensated (i.e. Hours worked, PTO,
and holidays) except for overtime hours worked. The EMPLOYER shall deduct seventy-six
dollars and eighty cents ($76.80) every eight (80) hour pay period.
The EMPLOYER shall pay this contribution directly to the IUOE Central Pension Fund. The
UNION agrees to indemnify and hold the EMPLOYER, its Officers, Agents, and employees
harmless against any claims, suits, orders or judgments, brought against the EMPLOYER as a
result of any action taken or not taken by the EMPLOYER on the specific provisions of this 12 13
Article. This "hold harmless" clause does not hold the EMPLOYER harmless for failing to transfer
the agreed contributions to the IUOE Central Pension Fund.
It is agreed that for purposes of determining future wage rates, the EMPLOYER shall first restore
the amount of the wage reduction, which is currently the CPF contribution rate of $0.96 per hour,
then apply the applicable wage multiplier, then reduce the revised wage by the CPF contribution
rate. It is further agreed that for purposes of calculating overtime compensation the EMPLOYER
shall first restore the amount of the wage reduction ($0.96/ hr.) then apply the applicable 1.5 or
2.0 wage multiplier required under the Fair Labor Standards Act and the collective bargaining
agreement, then pay the resulting amount for overtime worked.
The contribution of $0.96 per hour prevents an employee's annual CPF contributions from
exceeding $2,000.00 in a year and therefore complies with limitations set forth under Minnesota
Statute § 356.24, sub. 1(9) as amended in 2002. The CPF Plan of Benefits and the Agreement
and Declaration of Trust will serve as the governing documents. The CPF is a supplemental
Pension Fund authorized by Minnesota Statutes, 356.24, subdivision 1(9).
ARTICLE XXIX — CENTRAL PENSION FUND
The EMPLOYER and the UNION agree that an amount designated herein that would otherwise
be paid in salary or wages will be contributed instead to the Central Pension Fund (CPF) as
pretax employer contributions. A pension contribution of ninety-six cents ($0.96) per hour will be
made for each employee, for a maximum of two thousand eighty hours (2080) per calendar year.
The hourly contribution rate will be applied to every hour compensated (i.e. Hours worked, PTO,
and holidays) except for overtime hours worked. The EMPLOYER shall deduct seventy-six
dollars and eighty cents ($76.80) every eight (80) hour pay period.
The EMPLOYER shall pay this contribution directly to the IUOE Central Pension Fund. The
UNION agrees to indemnify and hold the EMPLOYER, its Officers, Agents, and employees
harmless against any claims, suits, orders or judgments, brought against the EMPLOYER as a
result of any action taken or not taken by the EMPLOYER on the specific provisions of this Article.
This "hold harmless" clause does not hold the EMPLOYER harmless for failing to transfer the
agreed contributions to the IUOE Central Pension Fund.
It is agreed that for purposes of determining future wage rates, the EMPLOYER shall first restore
the amount of the wage reduction, which is currently the CPF contribution rate of $0.96 per hour,
then apply the applicable wage multiplier, then reduce the revised wage by the CPF contribution
rate. It is further agreed that for purposes of calculating overtime compensation the EMPLOYER
shall first restore the amount of the wage reduction ($0.96/ hr.) then apply the applicable 1.5 or
2.0 wage multiplier required under the Fair Labor Standards Act and the collective bargaining
agreement, then pay the resulting amount for overtime worked.
The contribution of $0.96 per hour prevents an employee's annual CPF contributions from
exceeding $2,000.00 in a year and therefore complies with limitations set forth under Minnesota
Statute § 356.24, sub. 1(9) as amended in 2002. The CPF Plan of Benefits and the Agreement
and Declaration of Trust will serve as the governing documents. The CPF is a supplemental
Pension Fund authorized by Minnesota Statutes, 356.24, subdivision 1(9).
ARTICLE XXX — POST EMPLOYMENT HEALTH CARE SAVINGS PLAN
30.1 The City of Arden Hills Local 49ers employees are eligible to participate in the Minnesota
Post Employment Health Care Savings Plan (HCSP) established under Minnesota Statutes,
section 352.98 (Minn. Supp. 2001) and as outlined in the Minnesota State Retirement
System's Trust and Plan Documents.
30.2 All funds collected by the EMPLOYER (City of Arden Hills) on the behalf of the employee
(Public Works Local 49ers) will be deposited into the employee's Post Employment Health
Care Savings Plan Account through Minnesota State Retirement System.
30.3 All employees with 0 years to 5 years of service shall contribute 2% of pay. All
employees with 5 or more years of service shall contribute 4% of pay.
30.4 The EMPLOYER has agreed to contribute payroll deductions to the Post Employment
Health Care Savings Plan (HCSP) with Minnesota State Retirement Systems as
described below:
A. All City of Arden Hills Public Works Local 49ers employees who are eligible for the
unused sick leave severance payout, outlined in Article XXVII section 27.1 of the
contract, will contribute to the Post Employment Health Care Savings Plan as
described below:
13
All employees who have an eligible sick leave balance upon separation shall
have 100% of those eligible hours converted into cash, and the dollars shall
be deposited into their Post-Employment Health Care Savings Account
(HCSP) on their final check.
B. All City of Arden Hills Public Works Local 49ers employees who are eligible for
the unused Personal Time Off (PTO) severance payout, outlined in Article XXI
section 21 1 of the contract will contribute to the Post Employment Health Care
Savings Plan as described below:
All employees who have an eligible vacation (PTO) leave balance upon leaving
the City of Arden Hills shall have 100% of those hours converted into cash and
deposited into their Post-Employment Health Care Savings Account (HCSP)
on their final check.
C. In the event of the employees death, any payments owed to this employee by the
City of Arden Hills, may not be contributed into the Post-Employment Health Care
Savings Account (HCSP). Upon death of the employee, all payments owed to this
employee will be paid to the employees beneficiaries.
14
All employees who have an eligible sick leave balance upon separation shall
have 100% of those eligible hours converted into cash, and the dollars shall
be deposited into their Post-Employment Health Care Savings Account
(HCSP) on their final check.
B. All City of Arden Hills Public Works Local 49ers employees who are eligible for
the unused Personal Time Off (PTO) severance payout, outlined in Article XXI
section 21 1 of the contract will contribute to the Post Employment Health Care
Savings Plan as described below:
All employees who have an eligible vacation (PTO) leave balance upon leaving
the City of Arden Hills shall have 100% of those hours converted into cash and
deposited into their Post-Employment Health Care Savings Account (HCSP)
on their final check.
C. In the event of the employees death, any payments owed to this employee by the
City of Arden Hills, may not be contributed into the Post-Employment Health Care
Savings Account (HCSP). Upon death of the employee, all payments owed to this
employee will be paid to the employees beneficiaries.
ARTICLE — DURATION
This AGREEMENT shall be effective as of the date of its signing and shall remain in full force
and effect January 1, 2018 2020 through December 31, 20192021. It shall continue in full force
and effect from year-to-year, unless terminated or renegotiated in the manner provided by the
Public Employment Labor Relations Act of 1971 as amended.
IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on this ______
day of ________________, 20182019.
CITY OF ARDEN HILLS INTERNATIONAL UNION OF OPERATING
ENGINEERS, LOCAL No. 49
By: ________________________________ By:____________________________________
Mayor Business Manager/ Financial Secretary
By: ______________________________ By: ____________________________________
City Administrator Area Business Representative
By: ____________________________________
Union Steward
14
Appendix A
WAGES AND CLASSIFICATIONS
A. Effective at the signing of this contract, the following wage schedule for base pay rates will be in effect
for the Public Works Maintenance Worker, effective January 1, 2020 of each year.
2018 (2.25%) 2019 (2.5%)
SEE MEMO FOR UPDATES TO PAY
StartStep 1 19.93 20.43
Six (6) Months Step 2 21.28 21.81
One (1) Year Step 3 22.63 23.19
Two (2) Years Step 4 25.32 25.95
Three (3) Years Step 5 27.98 28.67
Wages for 2008 included a one-time $0.48 hour market adjustment. In 2005 wages
included a one-time roll-in of $0.20/hour in recognition of the requirement for a Class
D Systems Operator's License, and a Class SD Wastewater Systems Operator's
License or a Class SC Wastewater Systems Operator's License.
B. New Employees
B-1 A newly-hired employee shall be paid a starting base pay rate as determined by
the EMPLOYER. This starting base pay rate must be equal to at least seventy percent (70%) of
the top base pay rate for the Public Works Maintenance Worker Classification.
B-2 The base pay rate of a newly-hired employee who has successfully completed the
probationary period shall be increased at the discretion of the EMPLOYER to at least seventy-five
percent (75%) of the top base pay rate for the Public Works Maintenance Worker Classification.
B-3 After the first year of employment, the employee's base pay rate shall be
increased at the discretion of the EMPLOYER to a base pay rate which is equal to at least eighty
percent (80%) of the top base pay rate for the Public Works Maintenance Worker Classification.
B-4 After the second year of employment, the employee's base pay rate shall be
increased at the discretion of the EMPLOYER to a base pay rate which is equal to at least ninety
percent (90%) of the top base pay rate for the Public Works Maintenance Worker Classification.
B-5 The new base pay rates provided under B-2, B-3 and B-4 shall not exceed base
pay rates paid to current regular employees in the Public Works Maintenance Worker
Classification.
B-6 After the third year of employment the employee's base pay rate shall be
increased to the top base pay for the Public Works Maintenance Worker Classification.
B.
INSERT TABLE 1
For union members employed prior to January 1, 2020, the below transition plan would move
current members onto the new scale:
Employees hired before January 1st, 2020 at the top step of the 2019 pay scale will
remain at the top step of the new pay scale.
Employees hired before January 1st, 2020 below the top step will be adjusted to the
new scale on the below schedule effective January 1st, 2020:
Annually, on their anniversary date, existing employees hired before January 1, 2020
that are currently below the top step will advance two steps (or one step if only one
remaining) until they reach the top of the scale. This provision is only applicable to
members hired before January 1, 2020.
Effective January 1, 2021 the pay scale will be increased by a three percent COLA, see below for 2021 pay
scale.
INSERT TABLE 2
Contract Year 2021
Step Pay rate/hour Time to advance to next step
1 24.60 6 months to step 2
2 25.81 6 months to step 3
3 27.07 12 months to step 4
4 28.39 12 months to step 5
5 29.78 12 months to step 6
6 31.24 N/A
2019 Scale 2020 Scale
Steps 1&2 Step 1
Step 3Step 2
Step 4Step 4
Step 5Step 6
The EMPLOYER will have the sole discretion to hire employees at a step determined
during the hiring process, the EMPLOYER may take into consideration factors including,
but not limited to, education, qualifications, and work experience of an applicant. The
EMPLOYER will have the right to hire employees at different steps and will have no
obligation to adjust existing union employees pay rate to match new employees.
C. Employees employed by the EMPLOYER on a temporary basis for no more than
nine
hundred-sixty hours (960) per calendar year, either in a full-time or part-time capacity,
will be paid at an hourly rate as determined by the EMPLOYER for the term of their
employment. Such employees will not be eligible for any rights or benefits under this
AGREEMENT, including Article V, "Employee Rights/ Grievance Procedure".
D. License Pay Incentive
Any employee who has or completes training for and receives from the Minnesota
Department of Transportation Certification as a Minnesota Commercial Vehicle
Inspector, or receives from the State of Minnesota Certification as both a Tree and Weed
Inspector shall receive an hourly incentive of $0.10/hour to their base wage.
16
C. Employees employed by the EMPLOYER on a temporary basis for no more than nine
hundred-sixty hours (960) per calendar year, either in a full-time or part-time capacity,
will be paid at an hourly rate as determined by the EMPLOYER for the term of their
employment. Such employees will not be eligible for any rights or benefits under this
AGREEMENT, including Article V, "Employee Rights/ Grievance Procedure".
D. License Pay Incentive
Any employee who has or completes training for and receives from the Minnesota
Department of Transportation Certification as a Minnesota Commercial Vehicle
Inspector, or receives from the State of Minnesota Certification as both a Tree and Weed
Inspector shall receive an hourly incentive of $0.10/hour to their base wage.
16
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF ARDEN HILLS, MN
AND
I.U.O.U., LOCAL 49
Commercial Driver's License
The purpose of this Memorandum of Understanding is to assist both Labor and Management in applying the
new rules for Commercial Drivers License (CDL) holders. The following conditions will apply to no more than
one (1) Public Works employee with fifteen (15) years of service or more in the Local 49 Bargaining Unit at
any given time, and allows only one revocation per person.
1. If an employee temporarily loses his/her driver's license and CDL, the employee must obtain a valid
work permit that allows them to drive non-commercial vehicles during work hours. An employee
that has no valid license may be required to use paid leave until they are able to obtain a valid work
permit. An employee who does not obtain a drivers license within ninety (90) days will be terminated.
2. In the opinion of the Department Head, there must be sufficient bargaining unit work that does not
require a CDL and the impacted employee shall possess the skills and abilities to successfully
undertake those tasks.
3. If there is sufficient work, the Employer will accommodate an employee who temporarily loses his/her
CDL license for a period not to exceed one (1) year. The one (1) year period begins as of the date of
his/her license revocation. If the employee does not have their CDL reinstated within one (1) year, the
employee will be terminated.
4. If the temporary loss of a driver's license is the result of an alcohol-related offense, the employee will
be required to comply with the recommendations of a Substance Abuse Professional. Proof of
compliance with the Substance Abuse Professional recommendations will be provided to the
Employer.
5. This agreement applies to driving violations outside the work place. This agreement does not
include positive test results from the Department of Transportation's required random testing.
6. A twenty-five percent (25%) decrease in pay will begin as of the revocation date. Any lost
wages during the revocation of the employee's drivers license/CDL will not be reimbursed
regardless of the outcome of any subsequent contesting of the revocation.
This Memorandum of Understanding will remain in effect from January 1, 2018 2020 through December
31, 20192021. As of January 1, 2018 2020 the Letter may be eliminated at the request of either party.
CITY OF ARDEN HILLS INTERNATIONAL UNION OF OPERATING
ENGINEERS, LOCAL No. 49
By: ______________________________ By: ____________________________________
By: ______________________________ By: ____________________________________
Date: ________________________________ Date: _________________________
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF ARDEN HILLS, MN
AND
I.U.O.U., LOCAL 49
Celebrating Arden Hills
WHEREAS, every year the City of Arden Hills holds its annual City festival, "Celebrating Arden Hills"
and
WHEREAS, it is necessary for the success of this event that City employees work a shift during the
event; and
WHEREAS, the Public Works employees of the City of Arden Hills are required to work at least one shift a this
annual event, which is held on a Saturday in September each year; and
WHEREAS, the City desires to clearly state the work requirements as they relate to this event.
THEREFORE, this Memorandum of Understanding is written to summarize the City and bargaining
unit's expectations regarding the "Celebrating Arden Hills" event:
All employees are required to work at least one assigned shift during the festival.
In return for time worked, to the extent that it is outside normal work hours, the employees may be
compensated for time worked at:
o One and one-half times the normal rate of pay; or
o Accrual of compensatory time at one and one-half times the normal rate of pay; or
o The group as a whole may desire to arrange a set amount of time off as a group, as agreed upon
between the union and the City Administrator.
This Memorandum of Understanding will remain in effect from January 1, 2018 2020 through December 31.
20192021. As of January 1, 2018 2020 the Letter may be eliminated at the request of either party.
CITY OF ARDEN HILLS INTERNATIONAL UNION OF OPERATING
ENGINEERS, LOCAL No. 49
By: ______________________________ By: ____________________________________
By: ______________________________ By: ____________________________________
Date: ________________________________ Date:
_______________________________________
18
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF ARDEN HILLS, MN
AND
I.U.O.E.U., LOCAL 49
Overtime Clarification
WHEREAS, the Labor Agreement between I.U.O.E., Local 49 and the City of Arden Hills stipulates when
the EMPLOYER will pay overtime,
THEREFORE, this Memorandum of Understanding is written to summarize the City and bargaining unit’s
expectations regarding overtime pay:
o Depending on the schedule set by the EMPLOYER, bargaining unit EMPLOYEES will be
eligible for overtime pay after eight hours worked on a normally scheduled day, or forty hours
in a work week; however, during times when the regularly scheduled work day goes beyond
eight hours, such as summer hours, the employee will be paid overtime during hours worked
outside of the set schedule. For example, during summer hours an EMPLOYEE is expected to
work between 6:30 am and 4:00 pm, the EMPLOYEE would be eligible for overtime outside
of those hours assuming the EMPLOYEE was working during those hours.
This Memorandum of Understanding will remain in effect from January 1, 2018 2020 through December
31, 20192021.
FOR CITY OF ARDEN HILLS FOR IUOE, LOCAL NO. 49
By ________________________ By __________________________
By ________________________ By __________________________
Date: ______________________ Date: _________________________
1 98
LABOR AGREEMENT
BETWEEN
THE CITY OF ARDEN HILLS
AND
INTERNATIONAL UNION OF OPERATING ENGINEERS
LOCAL NO. 49
AFL-CIO
JANUARY 1, 2020 THROUGH DECEMBER 31, 2021
TABLE OF CONTENTS
ARTICLE NO. DESCRIPTION PAGE NO.
I PURPOSE OF AGREEMENT ................................................................... 1
II RECOGNITION ........................................................................................ 1
III UNION SECURITY .................................................................................... 1
IV EMPLOYER AUTHORITY ........................................................................ 2
V EMPLOYEE RIGHTS/ GRIEVANCE PROCEDURE ................................ 2
VI DEFINITIONS ....................................................................................... 4
VII SAVINGS CLAUSE .............................................................................. 5
VIII WORK SCHEDULES ............................................................................ 5
IX OVERTIME PAY ................................................................................... 6
X STANDBY AND CALL BACK ................................................................ 7
XI LEGAL DEFENSE ................................................................................ 7
XII RIGHT OF SUBCONTRACT ................................................................ 7
XIII DISCIPLINE AND DISCHARGE ........................................................... 7
XIV SENIORITY .......................................................................................... 8
XV LAY-OFF .......................................................................................... 8
XVI PROBATIONARY PERIODS ................................................................ 8
XVII SAFETY ........................................................................................... 8
XVIII JOB POSTING ..................................................................................... 8
XIX PERSONAL TIME OFF CONVERSION ................................................... 9
XX FUNERAL LEAVE ................................................................................ 9
XXI PERSONAL TIME OFF (PTO) .............................................................. 9
XXII GROUP INSURANCE ........................................................................... 10
XXIII HOLIDAYS ........................................................................................... 11
XXIV UNIFORM ALLOWANCE .......................................................................... 11
XXV MILEAGE REIMBURSEMENT FOR TRAINING ..................................... 12
XXVI INJURY ON DUTY ................................................................................ 12
XXVII UNUSED SICK LEAVE PAY ................................................................. 12
XXVIII WAIVER ........................................................................................... 13
XXIX CENTRAL PENSION FUND ................................................................. 13
XXX POST EMPLOYMENT HEALTH CARE SAVINGS PLAN 14
XXXI DURATION ....................................................................................... 15
SIGNATURES .................................................................................. 15
APPENDIX A - WAGES AND CLASSIFICATIONS, LICENSE
PAY INCENTIVE ....................................................................................... 16
COMMERCIAL DRIVERS LICENSE, LETTER OF UNDERSTANDING
OVERTIME CLARIFICATION MOU…………………………………… 18
CELEBRATING ARDEN HILLS EVENT, LETTER OF…………… 19
UNDERSTANDING
LABOR AGREEMENT
Between
CITY OF ARDEN HILLS
And
INTERNATIONAL UNION OF OPERATING ENGINEERS
LOCAL NO. 49
ARTICLE I — PURPOSE OF AGREEMENT
THIS AGREEMENT is entered into between the CITY OF ARDEN HILLS, hereinafter called the
EMPLOYER, and LOCAL NO. 49, INTERNATIONAL UNION OF OPERATING ENGINEERS,
AFL-CIO, hereinafter called the UNION.
The intent and purpose of this AGREEMENT is to
1.1 Establish certain hours, wages, and other conditions of employment;
1.2 Establish procedures for the resolution of disputes concerning this
AGREEMENT'S interpretation and/or application;
1.3 Specify the full and complete understanding of the parties; and
1.4 Place in written form the parties' agreement upon terms and conditions of
employment for the duration of the AGREEMENT.
The EMPLOYER and the UNION, through this AGREEMENT, continue their dedication to the
highest quality of public service. Both parties' recognize this AGREEMENT as a pledge of this
dedication.
ARTICLE II — RECOGNITION
The EMPLOYER recognizes the UNION as the exclusive representative for all job classifications
included herein whose employment services exceed the lesser of fourteen (14) hours per week,
or thirty-five percent (35%) of the normal work week, and more than sixty-seven (67) work days
per year, excluding supervisory, confidential and all other employees.
ARTICLE III — UNION SECURITY
In recognition of the UNION as the exclusive representative, the EMPLOYER shall:
3.1 Deduct each payroll period an amount sufficient to provide the payment of dues
established by the UNION from the wages of all employees authorizing in writing such
deduction, and
3.2 Remit such deduction to the appropriate designated officer of the UNION.
1
3.3 Provide or designate a bulletin board, or a portion thereof, for posting of notices of
UNION affairs.
3.4 The UNION may designate one employee from the bargaining unit to act as Steward,
and shall inform the EMPLOYER in writing of such choice.
3.5 The UNION agrees to indemnify and hold the EMPLOYER harmless against any and all
claims, suits, orders, or judgments brought or issued against the City as a result of
any action taken or not taken by the City under the provisions of this Article.
ARTICLE IV — EMPLOYER AUTHORITY
4.1 The UNION recognizes the prerogative of the EMPLOYER to operate and manage its
affairs in all respects in accordance with existing and future laws and regulations of
appropriate authorities including municipality personnel policies and work rules.
4.2 The prerogatives and authority which the EMPLOYER has not officially abridged,
delegated or modified by the AGREEMENT are retained by the EMPLOYER.
ARTICLE V — EMPLOYEE RIGHTS/ GRIEVANCE PROCEDURE
5.1 Definition of a Grievance
A grievance is defined as a dispute or disagreement as to the interpretation or
application of the specific terms and conditions of this AGREEMENT.
5.2 Union Representatives
The EMPLOYER will recognize representatives designated by the UNION as the
grievance representatives of the bargaining unit having the duties and responsibilities
established by this Article. The UNION shall notify the EMPLOYER in writing of the
names of such UNION representatives and of their successors when so designated.
5.3 Processing of a Grievance
It is recognized and accepted by the UNION and the EMPLOYER that the processing of
grievances as hereinafter provided is limited by the job duties and responsibilities of the
employees and shall therefore be accomplished during normal working hours only when
consistent with such employee duties and responsibilities. The aggrieved employee and
the UNION representative shall be allowed a reasonable amount of time without loss in
pay when a grievance is investigated and presented to the EMPLOYER during normal
working hours, provided the employee and the UNION representative have notified and
received approval of the designated supervisor who has determined that such absence is
reasonable and would not be detrimental to the work programs of the EMPLOYER.
5.4 Procedure
Grievances, as defined by Section 5.1 shall be resolved in conformance with
the following procedure:
Step 1. An employee claiming a violation concerning the interpretation or
application of this AGREEMENT shall, within ten (10) calendar days after such alleged
2
violation has occurred present such grievance to the employee's supervisor as designated
by the EMPLOYER. The EMPLOYER-designated representative will discuss and give an
answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance
not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the
nature of the grievance, the facts on which it is based, the provision or provisions of the
Agreement allegedly violated, and the remedy requested, and shall be appealed to Step 2
within ten (10) calendar days after the EMPLOYER-designated representative's final
answer in Step 1. Any grievance not appealed in writing to Step 2 by the UNION within ten
(10) calendar days shall be considered waived.
Step 2. If appealed, the written grievance shall be presented by the UNION and
discussed with the EMPLOYER-designated Step 2 representative. The EMPLOYER-
designated representative shall give the UNION the EMPLOYER'S Step 2 answer in
writing within ten (10) calendar days after receipt of such Step 2 grievance. A grievance
not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following
the EMPLOYER-designated representative's final Step 2 answer. Any grievance not
appealed in writing to Step 3 by the UNION within ten (10) calendar days shall be
considered waived.
Step 3. If appealed, the written grievance shall be presented by the UNION and
discussed with the EMPLOYER-designated Step 3 representative. The EMPLOYER-
designated representative shall give the UNION the EMPLOYER'S answer in writing
within ten (10) calendar days after receipt of such Step 3 grievance. A grievance not
resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days following
the EMPLOYER-designated representative's final answer in Step 3. Any grievance not
appealed in writing to Step 4 by the UNION within ten (10) calendar days shall be
considered waived.
Step 4. A grievance unresolved in Step 3 and appealed to Step 4 shall be
submitted to the Minnesota Bureau of Mediation Services. A grievance not resolved in
Step 4 may be appealed to Step 5 within ten (10) calendar days following the
EMPLOYER'S final answer in Step 4. Any grievance not appealed in writing to Step 5 by
the UNION within ten (10) calendar days shall be considered waived.
Step 5. A grievance unresolved in Step 4 and appealed to Step 5 shall be
submitted to arbitration. The arbitration proceeding shall be conducted by an arbitrator to
be selected by mutual agreement of the EMPLOYER and the UNION within seven (7)
calendar days after the request for such action. If the parties fail to mutually agree upon
an arbitrator within the said seven (7) day period, either party may request the Director,
Bureau of Mediation Services, to provide a panel of five (5) arbitrators. Both the
EMPLOYER and the UNION shall have the right to strike two (2) names from panel. The
party requesting arbitration shall strike the first name, the other party shall then strike one
(1) name and the process will be repeated and the remaining person shall be the
arbitrator. The decision of the arbitrator shall be final and binding upon the parties. The
arbitrator shall be requested to issue a decision within thirty (30) calendar days after the
close of the record unless the parties mutually agree to an extension.
5.5 Arbitrator's Authority
A. The arbitrator shall have no right to amend, modify, nullify, ignore, add to or
subtract from the terms and conditions of this AGREEMENT. The arbitrator
shall consider and decide only the specific issue(s) submitted in writing by the
EMPLOYER and the UNION, and shall have no authority to make a decision
on any other issue not so submitted.
3
The arbitrator shall be without power to make decisions contrary to, or inconsistent
with, or modifying or varying in any way, the application of laws, rules, or
regulations having the force and effect of law. The arbitrator's decision shall be
submitted in writing within thirty (30) days following the close of the hearing or the
submission of briefs by the parties, whichever be later, unless the parties agree to
any extension. The decision shall be binding on both the EMPLOYER and the
UNION and shall be based solely on the arbitrator's interpretation or application of
the express terms of this AGREEMENT and to the facts of the grievance
presented.
C. The fees and expenses for the arbitrator's services and proceedings shall be
borne equally by the EMPLOYER and the UNION, provided that each party shall
be responsible for compensating its own representatives and witnesses. If either
party desires a verbatim record of the proceedings, it may cause such a record to
be made, providing it pays for the record. If both parties desire a verbatim record
of the proceedings, the cost shall be shared equally.
5.6 Waiver
If a grievance is not presented within the time limits set forth above, it shall be considered
"waived". If a grievance is not appealed to the next step within the specified time limit or
agreed extension thereof, it shall be considered settled on the basis of the EMPLOYERS
last answer. If the EMPLOYER does not answer a grievance or an appeal thereof within
the specified time limits, the UNION may elect to treat the grievance as denied at that
step and immediately appeal the grievance to the next step. The time limit in each step
may be extended by mutual agreement of the EMPLOYER and the UNION.
ARTICLE VI — DEFINITIONS
6.1 UNION
The International Union of Operating Engineers, Local No. 49, AFL-CIO.
6.2 EMPLOYER
The City of Arden Hills, Ramsey County. Minnesota, a Minnesota municipal corporation.
6.3 UNION MEMBER
A member of the International Union of Operating Engineers, Local No. 49, AFL-CIO.
6.4 EMPLOYEE
A member of the exclusively recognized bargaining unit.
6.5 BASE PAY RATE
The employee's hourly pay rate exclusive of longevity or any other special allowance.
6.6 SENIORITY
Length of continuous service in any of the job classifications covered by ARTICLE II
RECOGNITION. Employees who are promoted from a job classification covered by this
AGREEMENT and return to a job classification covered by this AGREEMENT shall have
their seniority calculated on the length of service under this AGREEMENT for purposes of
promotion, transfer, and lay off and total length of service with the EMPLOYER for other
benefits under this AGREEMENT.
4
6.7 STEWARD
Employee whose responsibilities are limited to receiving complaints from its members of
violations of the AGREEMENT, checking status of membership in the unit reporting safety
problems and service as a communication link.
6.8 OVERTIME
Work performed at the express authorization of the EMPLOYER in excess of either eight
(8) hours within a twenty-four (24) hour period (except for shift changes) or more than forty
(40) hours within a seven (7) day period.
6.9 HOLIDAY OVERTIME
Employees required to work on an observed Holiday (refer to Article )0011) shall be
compensated one and one-half (1.5) times their base hourly pay rate for each hour worked.
Employees required to work on the actual holiday shall be compensated two (2) times their
base hourly pay rate for each hour worked.
6.10 CALL BACK
Return of an employee to a specified work site to perform assigned duties at the express
authorization of the EMPLOYER at a time other than an assigned shift. An extension of or
early report to an assigned shift is not a call back.
ARTICLE VII — SAVINGS CLAUSE
This AGREEMENT is subject to the laws of the United States, the State of Minnesota, and the
City of Arden Hills In the event any provision of this AGREEMENT shall be held to be contrary to
law by a court of competent jurisdiction from whose final judgment or decree no appeal has been
taken within the time provided, such provision shall be void. All other provisions of this
AGREEMENT shall continue in full force and effect. The voided provision may be renegot iated
at the request of either party.
ARTICLE VIII — WORK SCHEDULES
8.1 The EMPLOYER has the sole authority in the preparation of work schedules. The normal
work day for an employee shall be eight (8) hours. The normal work week shall be forty
(40) hours.
8.2 Service to the public may require the establishment of regular shifts for some employees
on a daily, weekly, seasonal, or annual basis other than the normal work day or week. The
EMPLOYER shall give at least two (2) working days advance notice to the employees
affected by the establishment of work days different from the employee's normal work day
or week. The EMPLOYER will first ask for volunteers to staff these changes to the normal
work week or day. If there are not enough volunteers to fill the shift change, the
EMPLOYER will assign personnel to fill the shift based on seniority. Those employees with
the least seniority will be assigned first until all shifts are assigned.
8.3 The employees shall be allowed one coffee break in the morning of thirty (30) minutes in
duration inclusive of driving time to and from the Public Works building if required, and
no coffee break in the afternoon. They shall be allowed a lunch period of thirty (30)
minutes for which they will receive no pay.
5
The thirty (30) minutes unpaid lunch break will exclude driving time to and from the
work site to the City garage. This driving time will be limited to driving to and from the
City garage and the work site(s); interim stops will not be perm itted.
It is understood that the EMPLOYER or designated representative may require that
the thirty (30) minutes unpaid lunch break be taken at the work site when warranted
for reasons of business necessity.
8.4 In the event that work is required because of unusual circumstances such as (but not
limited to) fire, flood, snow, sleet, or breakdown of municipal equipment or facilities, no
advance notice need be given. It is not required that an employee working other than
the normal work day be scheduled to work more than eight (8) hours; however, each
employee has an obligation to work overtime or call backs if requested unless unusual
circumstances prevent the employee from so working.
8.5 Service to the public may require the establishment of regular work weeks that schedule
work on Saturdays and/or Sundays.
8.6 No involuntary time off without pay (temporary lay-off) will be implemented for regular
employees while temporary or part-time employees are on the payroll, with the exception
of the employee doing janitorial work at City Hall and the "On the Job Training" students.
8.7 In the event that the EMPLOYER initiates a temporary interruption in employment the
EMPLOYER may provide employees in the affected unit an opportunity to voluntarily
request leaves of absence without pay. Such temporary interruptions in employment
shall not be considered a lay-off. While on unpaid leave of absence due to temporary
interruption in employment the employee will continue to accrue seniority.
ARTICLE IX — OVERTIME PAY
9.1 For the purposes of determining overtime pay, each day will be the twenty-four (24) hour
period beginning at 12:01 a.m. and ending at midnight, while each week will be
the seven (7) day period beginning on Saturday and ending on Friday.
9.2 Hours worked in excess of eight (8) within a twenty-four (24) hour period (except for shift
changes) or more than forty (40) within a seven (7) day period will be compensated for
at one and one-half (1-1/ 2) times the employee's regular base pay. All hours worked
on an actual holiday will be compensated for at two (2) times the employee's regular
base pay. (Refer to definitions found in Article VI, section 6.9) For purposes of this
section, "hours worked" shall include hours designated as holiday, personal time off,
or compensatory time-off.
9.3 At the discretion of the EMPLOYER, an employee may receive compensatory time off in
lieu of overtime pay at the rate of one and one-half (1-1/ 2) times the employee's
regular base pay or two (2) times the employee's regular base pay for hours worked
on an actual holiday, or be paid for overtime worked.
9.4 Maximum compensatory time accumulated shall not exceed eighty (80) hours. If the
maximum is exceeded, the employee will receive overtime pay to reduce the
accumulation to the maximum allowed.
6
ARTICLE X — STANDBY AND CALL BACK
10.1 The EMPLOYER will establish a seven (7) day rotating schedule of standby
assignments. The employee on standby status will be available during that period for
call back and the EMPLOYER will call that employee first should any call back be
necessary. The employee will be paid one (1) hour at time and one-half the regular
rate of pay for that employee for standby on weekdays. The employee will be paid two
(2) hours at time and one-half the regular rate of pay for that employee for standby on
weekends and observed holidays.
10.2 At the discretion of the EMPLOYER, an employee may receive compensatory time off
in lieu of standby pay or be paid on the basis of one and one-half (1-1/ 2) hours
compensatory time off for each twenty-four (24) hour period on standby status
Monday through Friday; three (3) hours compensatory time off for each twenty-four
(24) hour period on standby status on weekends and those dates recognized by the
EMPLOYER as observed holidays. Such compensatory time accumulation shall be
part of the maximum allowed under Section 9.4.
10.3 An employee called in for work at a time other than the employee's normal scheduled shift
will be compensated for a minimum of two (2) hours' pay at one and one-half (1-1/2) times
the employee's base pay rate, or two times the base rate on the actual holiday. Special
weekend and holiday schedules for lift checking shall be treated as call backs.
10.4 Special weekend and holiday schedules for lift station checking shall be treated as a
call back.
ARTICLE XI — LEGAL DEFENSE
11.1 Employees involved in litigation because of negligence, ignorance of laws, non-
observance of laws, or as a result of employee judgmental decision shall not
receive legal defense by the City.
11.2 Except as provided in Section 11.1 hereof, any employee who is charged with a traffic
violation, ordinance violation or criminal offense arising from acts performed within the
scope of employment, when such act is performed in good faith and under direct order
of the supervisor, shall be reimbursed for reasonable attorney's fees and court costs
actually incurred by such employee in defending against such charge.
ARTICLE XII — RIGHT OF SUBCONTRACT
12.1 Nothing contained in this AGREEMENT shall prohibit or restrict the right of the
EMPLOYER from subcontracting work performed by employees covered by
this AGREEMENT.
ARTICLE XIII — DISCIPLINE AND DISCHARGE
13.1 The EMPLOYER retains the sole right to discipline and discharge employees.
7
ARTICLE XIV — SENIORITY
14.1 Seniority will be the determining criterion for transfers, promotions and lay-offs only
when all other qualification factors are equal.
ARTICLE XV — LAY-OFF
15.1 If a lay-off is deemed necessary by the EMPLOYER, the affected employees will
be notified in writing at least four (4) weeks prior to the effective date.
ARTICLE XVI — PROBATIONARY PERIODS
16.1 All newly hired or rehired employees will serve a minimum of six (6) months probationary
period. If the EMPLOYER extends the initial probationary period beyond six (6) months, the
employee's base pay rate will not change until the employee has successfully completed
the designated probationary period. The extended probationary period will not exceed three
(3) months.
16.2 An employee will serve a probationary period in any job classification for which
the employee has not served one previously.
16.3 At any time during the probationary period, the probationary employee may
be discharged at the sole discretion of the EMPLOYER.
16.4 At any time during the probationary period, a promoted or reassigned employee may
be demoted or reassigned to the employee's previous position at the sole discretion of
the EMPLOYER.
16.5 At least three (3) weeks prior to the completion of the probationary period, the City
Administrator/Clerk shall review the performance of the probationary employee, and notify
the Council if a termination is recommended. The matter shall be placed on the Council
agenda for the next regular meeting, at which time the Council shall consider the
recommendation and make a determination as to whether the employee shall be
terminated at the end of the probationary period. If the employee is not to be continued
beyond the end of the probationary period, the employee shall be so notified before the end
of such period. The City Administrator will have discretion to approve the successful
completion of a probationary period and/or extend a probationary period.
ARTICLE XVII — SAFETY
17.1 The EMPLOYER and the UNION agree to jointly promote safe and healthful working
conditions, to cooperate in safety matters and to encourage employees to work in a
safe manner.
ARTICLE XVIII — JOB POSTING
18.1 The EMPLOYER and the UNION agree that permanent job vacancies within the
designated bargaining unit shall be filled based on the concept of promotion from within
provided that applicants:
8
18.11 have the necessary qualifications to meet the standards of the job
vacancy; and
18.12 Have the ability to perform the duties and responsibilities of the job
vacancy.
18.2 Employees filling a higher job class based on the provisions of this Article, shall be
subject to the conditions of ARTICLE XVI, "PROBATIONARY PERIODS".
18.3 The EMPLOYER has the right of final decision in the selection of employees to fill
posted jobs based on qualifications, abilities, and experience.
18.4 Job vacancies within the designated bargaining unit will be posted for five (5) work days
so that members of the bargaining unit can be considered for such vacancies.
ARTICLE XIX — PERSONAL TIME OFF CONVERSION
19.1 All employees hired before June 29, 2002, will convert their current sick leave accrued
hours to Personal Time Off (PTO). The conversion will be calculated by adding current
accrued sick leave and current accrued vacation and subtracting two hundred forty hours
(240) as PTO. The remainder of the sick leave will be added to the "Bank". "Bank" is
defined as accrued hours which may be used only when the employee qualif ies under
Short Term Disability, Long-Term Disability or when accrued PTO is exhausted. For
allowed accruals over the maximum refer to Article XXI, section 21.3.
ARTICLE XX — FUNERAL LEAVE
20.1 Each employee shall be entitled to three (3) paid days of funeral leave for a death in the
immediate family of the employee.
20.2 "Immediate family" shall mean an employee's spouse, children, siblings, parents,
grandparents, aunts, uncles, nephews, nieces, in-laws or grandchildren.
ARTICLE XXI — PERSONAL TIME OFF (PTO)
21.1 Personal Time Off (PTO) is authorized absence from duty.
Employees working an average of 40 hours per week on an annual basis are eligible for
Personal Time Off. Employees may not use Personal Time Off until successful
completion of their probationary period although Personal Time Off accumulates during
this time.
The following chart provides information regarding Personal Time Off. Years of service
are calculated from the anniversary date of employment.
PERSONAL TIME OFF SCHEDULE FOR EMPLOYEES HIRED PRIOR TO JANUARY
1, 2020:
Completed years of Service Personal Time
0 — 5 Years 7 hours bi-weekly
6 10 Years 9 hours bi-weekly
After 10 Years 10 hours bi-weekly 9
PERSONAL TIME OFF SCHEDULE FOR EMPLOYEES HIRED AFTER JANUARY 1,
2020:
Completed Months of Service Personal Time
0 – 36 months 6 hours bi-weekly
37 months - 108 months 7 hours bi-weekly
109 months – 168 months 7.5 hours bi-weekly
169 months – 228 months 8.5 hours bi-weekly
229 months or more 9 hours bi-weekly
Benefit year for Personal Time Off is March 1 t through February 28th. A maximum of 240
hours of Personal Time Off may be carried over from benefit year to benefit year.
Carryover beyond 240 hours of Personal Time Off will only be made in accordance with
Section 21.3 or under special circumstances with approval from the City Administrator.
Any employee leaving the service of the City in good standing will be compensated 100%
for Personal Time Off up to 240 hours or amount allowed in Section 21.3 accrued to the
day of separation provided said employee has served at least twelve (12) consecutive
months prior to separation. Such pay for accumulated Personal Time Off will be at the
same rate as the hourly rate of the employee's base salary. Personal Time Off may not
be used to extend an employee's actual termination date.
When a paid holiday falls on a working day during an employee's Personal Time Off, the
day of the holiday will not be counted as a day of Personal Time Off.
One (1) day of Personal Time Off shall be equivalent to the regular number of hours in a
workday.
21.2 Personal Time Off may not be used by an employee until the end of the employee’s
probationary period.
21.3 In unusual or extenuating circumstances in order to accomplish the work programs
of the EMPLOYER, the employee may be allowed to carry accrued, unused PTO
beyond two-hundred eighty (240) hours into the next benefit year with the prior
approval of the Department Head.
21.4 All requests for PTO of five (5) or more consecutive work days shall be submitted by April
1st of each year, and posted for five (5) consecutive work days. In case of any conflict for
a preferred PTO period(s), the senior employee will be given preference. Any PTO
requests of less than five (5) consecutive work days that are submitted more than four (4)
weeks in advance shall be posted for three (3) work days. Any conflicts in scheduling shall
be resolved by seniority. Any PTO requests which are not posted shall be considered on
a "first come, first served" basis.
ARTICLE XXII — GROUP INSURANCE
22.1 Effective January 1, 2013, the EMPLOYER will contribute the same dollar contribution as
approved for non-union employees to the Operating Engineers, Local 49 Health and Welfare
Administrators for Group Health and Dental Insurance. This dollar amount will be equivalent to the
dollar amount received by non-union employees on a family insurance plan, as long as, the union
plan remains a family plan. If the Union were to offer a single insurance plan, then the dollar
amount would match the total single insurance dollar contribution for non-union employees for
those union employees electing the single plan, the family contribution would remain the same.
10
At no point will the City’s contribution exceed the cost of the Union’s monthly insurance, if the
monthly premium is less than the City contribution the City will contribute the lesser amount.
22.2 Employees may participate, at their own expense, in additional life insurance as an add-
on to City sponsored plans approved under the EMPLOYER'S current insurance provider.
22.3 It is understood that the EMPLOYER'S only obligation is to pay the EMPLOYER contribution
for group insurance premiums as agreed to herein. The EMPLOYER is not liable for claims as a
result of a denial of insurance benefits by an insurance carrier.
ARTICLE XXIII — HOLIDAYS
23.1 The EMPLOYER will provide twelve (12) paid holidays as follows:
Holiday
New Year’s Day
Martin Luther King Day
Presidents' Day
Memorial Day
Independence Day
Labor Day
Veterans Day
Thanksgiving Day
Thanksgiving Day Day After
Christmas Eve Day
Christmas Day
New Year's Eve Day
Observance Day
January 1
Third Monday in January
Third Monday in February
Last Monday in May
July 4
First Monday in September
November 11
Fourth Thursday in November
Fourth Friday in November
December 24
December 25
December 31
23.2 In the event that New Year's Day, Independence Day, Veteran's Day, or Christmas Day
fall on a Sunday, the following Monday shall be a paid holiday. If any of the preceding
holidays fall on a Saturday, the preceding Friday shall be a paid holiday.
23.3 Employees required to work on a designated holiday shall be compensated one and
one-half (1.5) times their base hourly pay rate for each hour worked, plus Holiday pay.
Employees required to work on the actual holiday shall be compensated two (2) times
their base hourly pay rate for each hour worked plus holiday pay if the actual holiday
qualifies for holiday pay in section 23 1.
ARTICLE XXIV — UNIFORMS
24.1 The Employer shall provide each employee with an annual uniform allowance of six
hundred dollars ($600.00) and an ANSI approved safety boot allowance of two-hundred
dollars ($200.00).
24.2 Employees shall purchase ANSI approved safety boots and uniforms from the same
vendor not to exceed the maximum allowance. Uniforms are to be approved by the
Public Works Director.
24.3 The Employer will provide the Employee with an authorized 3-in-1 reflective safety jacket
every other year and a reflective rain flagger suit every three years.
11
24.4 Employees will purchase and wear only uniform items that have been authorized by the
City and are prohibited from wearing personal items as uniform items.
24.5 Receipts are required for all items purchased.
24.6 The City shall provide OSHA required Personal Protective Equipment (PPE), including
but not limited to safety vests, non -prescription safety glasses, and ear protection.
Employees are expected to be OSHA compliant at all times.
24.7 The Employer shall provide seasonal employee one hundred and twenty five dollars
($125.00) for ANSI approved safety boots. The Employer shall also provide PPE as well
as five (5) logoed t -shirts.
ARTICLE XXV — MILEAGE REIMBURSEMENT FOR TRAINING
25.1 An employee must have the prior approval of the Public Works Superintendent to attend
training to enhance job-related knowledge and skills.
25.2 An employee using a privately owned vehicle to travel to and from the location of
approved training will receive mileage reimbursement at the federal rate which is
adopted by the EMPLOYER annually.
ARTICLE XXVI — INJURY ON DUTY
26.1 If an injury on duty results in an employee missing work, the EMPLOYER will pay the
employee's regular base pay rate. The amount paid by the Worker's Compensation
Insurance will be turned over by the employee to the EMPLOYER.
26.2 This injury on duty benefit would be provided up to a maximum of twenty-six (26)
days.
26.3 No Personal Time Off shall be charged for payment of this benefit.
ARTICLE XXVII — UNUSED SICK LEAVE PAY
27.1 Regular full-time employees who have completed ten (10) or more years of continuous
service with the EMPLOYER and who leave in good standing, will receive 33-1/3% of
unused, accumulated sick leave upon their separation. Regular full-time employees who
have completed twenty (20) or more years of continuous service with the EMPLOYER
and who leave in good standing, will receive 50% of unused, accumulated sick leave upon
their separation. To qualify for this benefit an employee must have an established sick
leave bank resulting from the conversion to the PTO program. (Refer to Article XXIX
section 19.1.) Any benefit paid under this Article shall be paid into the employee's Post-
Employment Health Care Savings Plan (Refer to Article XXX (section 30.4).
12
ARTICLE XXVIII — WAIVER
28.1 Any and all prior agreements, resolutions, practices, policies, rules and regulations
regarding terms and conditions of employment, to the extent inconsistent with
the provisions of this AGREEMENT, are hereby superseded.
28.2 The parties mutually acknowledge that during the negotiations which resulted in this
AGREEMENT, each had the unlimited right and opportunity to make demands and
proposals with respect to any term or condition of employment not removed by law from
bargaining. All agreements and understandings arrived at by the parties are set forth in
writing in this AGREEMENT for the stipulated duration of this AGREEMENT. The
EMPLOYER and the UNION each voluntarily and unqualifiedly waives the right to meet
and negotiate regarding any and all terms and conditions of employment referred to or
covered in this AGREEMENT, or with respect to any term or condition of employment
not specifically referred to or covered by this AGREEMENT, even though such terms or
conditions may not have been within the knowledge or contemplation of either or both
parties at the time this contract was negotiated or executed.
ARTICLE XXIX — CENTRAL PENSION FUND
The EMPLOYER and the UNION agree that an amount designated herein that would otherwise
be paid in salary or wages will be contributed instead to the Central Pension Fund (CPF) as
pretax employer contributions. A pension contribution of ninety-six cents ($0.96) per hour will be
made for each employee, for a maximum of two thousand eighty hours (2080) per calendar year.
The hourly contribution rate will be applied to every hour compensated (i.e. Hours worked, PTO,
and holidays) except for overtime hours worked. The EMPLOYER shall deduct seventy-six
dollars and eighty cents ($76.80) every eight (80) hour pay period.
The EMPLOYER shall pay this contribution directly to the IUOE Central Pension Fund. The
UNION agrees to indemnify and hold the EMPLOYER, its Officers, Agents, and employees
harmless against any claims, suits, orders or judgments, brought against the EMPLOYER as a
result of any action taken or not taken by the EMPLOYER on the specific provisions of this Article.
This "hold harmless" clause does not hold the EMPLOYER harmless for failing to transfer the
agreed contributions to the IUOE Central Pension Fund.
It is agreed that for purposes of determining future wage rates, the EMPLOYER shall first restore
the amount of the wage reduction, which is currently the CPF contribution rate of $0.96 per hour,
then apply the applicable wage multiplier, then reduce the revised wage by the CPF contribution
rate. It is further agreed that for purposes of calculating overtime compensation the EMPLOYER
shall first restore the amount of the wage reduction ($0.96/ hr.) then apply the applicable 1.5 or
2.0 wage multiplier required under the Fair Labor Standards Act and the collective bargaining
agreement, then pay the resulting amount for overtime worked.
The contribution of $0.96 per hour prevents an employee's annual CPF contributions from
exceeding $2,000.00 in a year and therefore complies with limitations set forth under Minnesota
Statute § 356.24, sub. 1(9) as amended in 2002. The CPF Plan of Benefits and the Agreement
and Declaration of Trust will serve as the governing documents. The CPF is a supplemental
Pension Fund authorized by Minnesota Statutes, 356.24, subdivision 1(9).
13
ARTICLE XXX — POST EMPLOYMENT HEALTH CARE SAVINGS PLAN
30.1 The City of Arden Hills Local 49ers employees are eligible to participate in the Minnesota
Post Employment Health Care Savings Plan (HCSP) established under Minnesota Statutes,
section 352.98 (Minn. Supp. 2001) and as outlined in the Minnesota State Retirement
System's Trust and Plan Documents.
30.2 All funds collected by the EMPLOYER (City of Arden Hills) on the behalf of the employee
(Public Works Local 49ers) will be deposited into the employee's Post Employment Health
Care Savings Plan Account through Minnesota State Retirement System.
30.3 All employees with 0 years to 5 years of service shall contribute 2% of pay. All
employees with 5 or more years of service shall contribute 4% of pay.
30.4 The EMPLOYER has agreed to contribute payroll deductions to the Post Employment
Health Care Savings Plan (HCSP) with Minnesota State Retirement Systems as
described below:
A. All City of Arden Hills Public Works Local 49ers employees who are eligible for the
unused sick leave severance payout, outlined in Article XXVII section 27.1 of the
contract, will contribute to the Post Employment Health Care Savings Plan as
described below:
• All employees who have an eligible sick leave balance upon separation shall
have 100% of those eligible hours converted into cash, and the dollars shall
be deposited into their Post-Employment Health Care Savings Account
(HCSP) on their final check.
B. All City of Arden Hills Public Works Local 49ers employees who are eligible for
the unused Personal Time Off (PTO) severance payout, outlined in Article XXI
section 21 1 of the contract will contribute to the Post Employment Health Care
Savings Plan as described below:
• All employees who have an eligible vacation (PTO) leave balance upon leaving
the City of Arden Hills shall have 100% of those hours converted into cash and
deposited into their Post-Employment Health Care Savings Account (HCSP)
on their final check.
C. In the event of the employees death, any payments owed to this employee by the
City of Arden Hills, may not be contributed into the Post-Employment Health Care
Savings Account (HCSP). Upon death of the employee, all payments owed to this
employee will be paid to the employees beneficiaries.
14
ARTICLE XXXI— DURATION
This AGREEMENT shall be effective as of the date of its signing and shall remain in full force
and effect January 1, 2020 through December 31, 2021. It shall continue in full force and effect
from year-to-year, unless terminated or renegotiated in the manner provided by the Public
Employment Labor Relations Act of 1971 as amended.
IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on this ______
day of ________________, 2019.
CITY OF ARDEN HILLS INTERNATIONAL UNION OF OPERATING
ENGINEERS, LOCAL No. 49
By: ________________________________ By:____________________________________
Mayor Business Manager/ Financial Secretary
By: ______________________________ By: ____________________________________
City Administrator Area Business Representative
By: ____________________________________
Union Steward
Appendix A
WAGES AND CLASSIFICATIONS
A. Effective at the signing of this contract, the following wage schedule for base pay rates will be in effect
for the Public Works Maintenance Worker, effective January 1, 2020.
B. For union members employed prior to January 1, 2020, the below transition plan would move
current members onto the new scale:
• Employees hired before January 1st, 2020 at the top step of the 2019 pay scale will
remain at the top step of the new pay scale.
• Employees hired before January 1st, 2020 below the top step will be adjusted to the
new scale on the below schedule effective January 1st, 2020:
• Annually, on their anniversary date, existing employees hired before January 1, 2020
that are currently below the top step will advance two steps (or one step if only one
remaining) until they reach the top of the scale. This provision is only applicable to
members hired before January 1, 2020.
Effective January 1, 2021 the pay scale will be increased by a three percent COLA, see below for 2021 pay
scale.
Contract Year 2021
Step Pay rate/hour Time to advance to next step
1 24.60 6 months to step 2
2 25.81 6 months to step 3
3 27.07 12 months to step 4
4 28.39 12 months to step 5
5 29.78 12 months to step 6
6 31.24 N/A
2019 Scale 2020 Scale
Steps 1&2 Step 1
Step 3 Step 2
Step 4 Step 4
Step 5 Step 6
The EMPLOYER will have the sole discretion to hire employees at a step determined
during the hiring process, the EMPLOYER may take into consideration factors including,
but not limited to, education, qualifications, and work experience of an applicant. T he
EMPLOYER will have the right to hire employees at different steps and will have no
obligation to adjust existing union employees pay rate to match new employees.
C. Employees employed by the EMPLOYER on a temporary basis for no more than nine
hundred-sixty hours (960) per calendar year, either in a full-time or part-time capacity,
will be paid at an hourly rate as determined by the EMPLOYER for the term of their
employment. Such employees will not be eligible for any rights or benefits under this
AGREEMENT, including Article V, "Employee Rights/ Grievance Procedure".
D. License Pay Incentive
Any employee who has or completes training for and receives from the Minnesota
Department of Transportation Certification as a Minnesota Commercial Vehicle
Inspector, or receives from the State of Minnesota Certification as both a Tree and Weed
Inspector shall receive an hourly incentive of $0.10/hour to their base wage.
1 7
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF ARDEN HILLS, MN
AND
I.U.O.U., LOCAL 49
Commercial Driver's License
The purpose of this Memorandum of Understanding is to assist both Labor and Management in applying the
new rules for Commercial Drivers License (CDL) holders. The following conditions will apply to no more than
one (1) Public Works employee with fifteen (15) years of service or more in the Local 49 Bargaining Unit at
any given time, and allows only one revocation per person.
1. If an employee temporarily loses his/her driver's license and CDL, the employee must obtain a valid
work permit that allows them to drive non-commercial vehicles during work hours. An employee
that has no valid license may be required to use paid leave until they are able to obtain a valid work
permit. An employee who does not obtain a drivers license within ninety (90) days will be terminated.
2. In the opinion of the Department Head, there must be sufficient bargaining unit work that does not
require a CDL and the impacted employee shall possess the skills and abilities to successfully
undertake those tasks.
3. If there is sufficient work, the Employer will accommodate an employee who temporarily loses his/her
CDL license for a period not to exceed one (1) year. The one (1) year period begins as of the date of
his/her license revocation. If the employee does not have their CDL reinstated within one (1) year, the
employee will be terminated.
4. If the temporary loss of a driver's license is the result of an alcohol-related offense, the employee will
be required to comply with the recommendations of a Substance Abuse Professional. Proof of
compliance with the Substance Abuse Professional recommendations will be provided to the
Employer.
5. This agreement applies to driving violations outside the work place. This agreement does not
include positive test results from the Department of Transportation's required random testing.
6. A twenty-five percent (25%) decrease in pay will begin as of the revocation date. Any lost
wages during the revocation of the employee's drivers license/CDL will not be reimbursed
regardless of the outcome of any subsequent contesting of the revocation.
This Memorandum of Understanding will remain in effect from January 1, 2020 through December 31, 2021.
As of January 1, 2020 the Letter may be eliminated at the request of either party.
CITY OF ARDEN HILLS INTERNATIONAL UNION OF OPERATING
ENGINEERS, LOCAL No. 49
By: ______________________________ By: ____________________________________
By: ______________________________ By: ____________________________________
Date: ________________________________ Date: _______________________________________
18
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF ARDEN HILLS, MN
AND
I.U.O.U., LOCAL 49
Celebrating Arden Hills
WHEREAS, every year the City of Arden Hills holds its annual City festival, "Celebrating Arden Hills"
and
WHEREAS, it is necessary for the success of this event that City employees work a shift during the event;
and
WHEREAS, the Public Works employees of the City of Arden Hills are required to work at least one shift a this
annual event, which is held on a Saturday in September each year; and
WHEREAS, the City desires to clearly state the work requirements as they relate to this event.
THEREFORE, this Memorandum of Understanding is written to summarize the City and bargaining unit's
expectations regarding the "Celebrating Arden Hills" event:
• All employees are required to work at least one ass igned shift during the festival.
• In return for time worked, to the extent that it is outside normal work hours, the employees may be
compensated for time worked at:
o One and one-half times the normal rate of pay; or
o Accrual of compensatory time at one and one -half times the normal rate of pay; or
o The group as a whole may desire to arrange a set amount of time off as a group, as agreed upon
between the union and the City Administrator.
This Memorandum of Understanding will remain in effect from January 1, 2020 through December 31. 2021.
As of January 1, 2020 the Letter may be eliminated at the request of either party.
CITY OF ARDEN HILLS INTERNATIONAL UNION OF OPERATING
ENGINEERS, LOCAL No. 49
By: ______________________________ By: ____________________________________
By: ______________________________ By: ____________________________________
Date: ________________________________ Date: _______________________________________
18
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF ARDEN HILLS, MN
AND
I.U.O.E. LOCAL 49
Overtime Clarification
WHEREAS, the Labor Agreement between I.U.O.E., Local 49 and the City of Arden Hills stipulates when
the EMPLOYER will pay overtime,
THEREFORE, this Memorandum of Understanding is written to summarize the City and bargaining unit’s
expectations regarding overtime pay:
o Depending on the schedule set by the EMPLOYER, bargaining unit EMPLOYEES will be
eligible for overtime pay after eight hours worked on a normally scheduled day, or forty hours
in a work week; however, during times when the regularly scheduled work day goes beyond
eight hours, such as summer hours, the employee will be paid overtime during hours worked
outside of the set schedule. For example, during summer hours an EMPLOYEE is expected to
work between 6:30 am and 4:00 pm, the EMPLOYEE would be eligible for overtime outside
of those hours assuming the EMPLOYEE was working during those hours.
This Memorandum of Understanding will remain in effect from January 1, 2020 through December 31,
2021.
FOR CITY OF ARDEN HILLS FOR IUOE, LOCAL NO. 49
By ____________________________ By _______________________________
By ____________________________ By _______________________________
Date: ___________________________ Date: ______________________________
19
Page 1 of 1
CONSENT ITEM – 2C
MEMORANDUM
DATE: December 16, 2019
TO: Honorable Mayor and City Councilmembers
Dave Perrault, City Administrator
FROM: Julie Hanson, City Clerk
SUBJECT: 2020 Tobacco License Renewals
Budgeted Amount: Actual Amount: Funding Source:
$ $ $
Council Should Consider the Following Options
Approving the 2020 tobacco license renewals as listed below.
Background
The following businesses have requested renewal of their City tobacco licenses for 2020:
• Arden Hills Shell (Brausen)
• Arden Hills Tobacco
• Cub Foods
• Holiday Station
• Walgreens
Each of these establishments has successfully passed a background check conducted by the Ramsey
County Sheriff’s Office. Per Lake Johanna Fire Department Fire Marshal Kris Rewald, fire
inspections are in the process of being conducted with no issues to date that would warrant
withholding approval of all licenses. He does not anticipate any issues with the remaining
businesses.
Page 1 of 2
CONSENT ITEM – 2D
MEMORANDUM
DATE: December 16, 2019
TO: Honorable Mayor and City Councilmembers
Dave Perrault, City Administrator
FROM: Julie Hanson, City Clerk
SUBJECT: 2020 Liquor License Renewals
Budgeted Amount: Actual Amount: Funding Source:
$ $ $
Council Should Consider the Following Options
Approving the 2020 liquor license renewals as listed below.
Background
The following businesses have requested renewal of their City liquor licenses for 2020:
Establishment Name On-Sale Off-Sale Sunday Sale Wine Only 3.2 Beer 2:00 a.m.
Big Ten Supper Club X X X
Cub Foods X
Cub Discount Liquor X
Davanni's X X X X
Flaherty's Arden Bowl X X
Great China X X X X
Jimmie’s Old Southern BBQ X X X X
Lindey's Steakhouse X X
Namaste India X X X X
Orchid Bar and Grill X X
The Tavern Grill X X
Page 2 of 2
The Ramsey County Sheriff’s Office has signed off on the necessary State application forms and
background checks have returned with satisfactory results.
Per Lake Johanna Fire Department Fire Marshal Kris Rewald, fire inspections are in the process of
being conducted with no issues to date that would warrant withholding approval of all licenses. He
does not anticipate any issues with the remaining businesses.
DATE: December 16, 2019
TO: Honorable Mayor and City Councilmembers
FROM: Dave Perrault, City Administrator
SUBJECT: Consideration of Discipline, Public Works Maintenance Worker
Budgeted Amount: Actual Amount: Funding Source:
N/A N/A N/A
Council Should Consider
The Council may consider discipline regarding Public Works Maintenance Worker.
Background
N/A
Budget Impact
N/A
Attachment
N/A
CONSENT ITEM – 2E
MEMORANDUM
DATE: December 16, 2019
TO: Honorable Mayor and City Councilmembers
FROM: Dave Perrault, City Administrator
SUBJECT: Public Hearing for Establishment of TIF District No. 5 (TCAAP), Modification
to Development District No. 1 and Interfund Loan
Budgeted Amount: Actual Amount: Funding Source:
N/A N/A N/A
Background
Stacie Kvilvang will be present to give a presentation and answer any questions regarding the
Public Hearing.
Budget Impact
N/A
Attachment
Attachment A: Memo from Stacie Kvilvang
Attachment B: Establishment of TIF District No. 5
Attachment C: Modification to the Development Program Development District No. 1
PUBLIC HEARING – 4A
MEMORANDUM
Memo
To: Dave Perrault – City Administrator
From: Stacie Kvilvang - Ehlers
Date: December 16, 2019
Subject: Establishment of TIF District No. 5 (TCAAP), Modification to Development District
No. 1 and Interfund Loan
Establishment of TIF District No. 5 (TCAAP)
In 2009, the City received special legislation to create a redevelopment tax increment
financing (TIF) district on the TCAAP property. The City is establishing TIF District No. 5
(TCAAP) (“the District”) pursuant to the special legislation which expires on December 31,
2019.
The main components of the TIF plan are identification of parcels in the district, term and first
year of TIF, description of what is to be developed, a maximum budget and anticipated
expenditures and the But-For findings. Following is a summary of these elements:
1. Parcels in the District: The District is comprised of two (2) parcels currently owned by
Ramsey County and noted on the map in Appendix A of the TIF Plan. It is anticipated that
as the land is replatted for development, the City will decertify various parcels out of the
District that they do not anticipate providing assistance to (i.e. single-family, big box/retail,
hotel, theater, etc.). The decision of which parcels to decertify is strictly a decision of the
City Council.
2. Term and First Year of TIF: The City can elect the first year of TIF up to six (6) years after
establishment of the TIF District. We have selected to collect the first TIF in 2023 (3 years
after establishment), in order to provide the City flexibility in case a development comes
forward on the “Thumb” parcel in the next couple of years and the City wants to provide
some assistance. It should be noted that if nothing is developed in 2021, then the first TIF
will not be received in 2023, it will be received two (2) years after development commences.
Once the City receives the first TIF, the District has a term of 31 years. If TIF is received
in 2023 as stated above, the District would terminate at the end of December 31, 2053.
The City can terminate the term of the District at any time, as long as any existing
obligations have been paid in full and/or TIF from the District has been set aside to pay the
obligations in full.
3. Development: The anticipated development is what was approved in 2016 as part of the
TCAAP Regulating Plan and TCAAP Redevelopment Code and is summarized in the table
on the following page:
Dave Perrault – City Administrator
Establishment of TIF District No. 5 (TCAAP), Modification to Development District No. 1 and
Interfund Loan
December 16, 2019
4. Budget: The budget is based upon the development listed above, an aggressive
timeframe for development, and fiscal disparities being inside the District (no impact to
other tax payers in the City, so less TIF generated), in order to create a maximum TIF
budget. The reason why we create a larger budget is that it is a maximum budget and if
over the term of the District, the TIF generated exceeds the budgeted amount, then the
City would need to incur the cost of going through the process of holding a public hearing
and increasing the budget (same process as creating a new district). We recommend
maximum budgets to alleviate the possibility of having to incur the unnecessary expense
and to provide the City the maximum flexibility. Below is the current budget per the TIF
Plan:
It should be noted that the budget and line items are fungible, meaning they are not limited
to the amount shown in the line item. The only “hard” number is the Project Costs Total
(capital) which overall cannot exceed $96.558 million (interest can be less or more as well),
without a modification to the budget.
Overall, the budget is only a planning element of the TIF District. The actual amount of
TIF the City provides to a development is at the Council’s discretion and is based upon
formal application to the City and proforma review by your Municipal Advisor to determine
the appropriate level of assistance, if any. If the Council determines to provide assistance,
it is then formalized in a TIF Agreement.
Use No. of Units or
Sq/Ft Total
Condos 120
Apartments 760
Single Family 580
Hotel 200 200
Retail 104,500
Restaurant 21,000
Big Box 166,000
Movie Theater 42,000 42,000
Flex/Office 468,850 468,850
Office 185,950
Corporate Office 740,000
1,460
291,500
925,950
USES
Land/Building Acquisition 7,000,000
Site Improvements/Preparation 3,000,000
Affordable Housing 12,061,713
Utilities 2,500,000
Other Qualifying Improvements 56,533,126
Administrative Costs (up to 10%)15,463,734
PROJECT COSTS TOTAL 96,558,573
Interest 73,542,505
PROJECT AND INTEREST COSTS TOTAL 170,101,078
Dave Perrault – City Administrator
Establishment of TIF District No. 5 (TCAAP), Modification to Development District No. 1 and
Interfund Loan
December 16, 2019
5. But-For Findings: The but-for test is a two-pronged test: (i) increase in market valuation;
and (ii) similar development in the reasonably foreseeable future. The first test is met
because the property in the District is vacant land and once developed will have value in
excess of the vacant land value as noted in the table below (taxable market value of land
is based upon review of County valuation on its website):
The second test is met in that you have had development plans since 2007 (Ryan) for the
site and it was the impetus for obtaining special legislation at that time in 2009 in order to
assist the development. In addition, the request to increase affordable housing in the
development may necessitate TIF assistance in order to make that financially feasible as
well. Therefore, within the reasonably foreseeable future (next few years), the proposed
overall development is not likely to happen without some form of assistance.
Modification to Development District No. 1
Pursuant to Minnesota Statutes 469.126, cities are allowed to create development districts
within the boundaries of their city. These development districts provide the authority for cities
to complete development and redevelopment within their community, develop and implement
redevelopment programs and create TIF Districts.
On June 26, 1989, the City created Development District No. 1 within the City and it was
comprised of the boundaries of TIF District No. 1 and TIF District No. 2. The Boundaries of
Development District No. 1 were expanded in 1997 to include TIF district No. 3 and in 2010
to include all property in the City, except TCAAP and other parcels located north of 96th
Avenue.
The City is expanding the boundaries of Development District No. 1 to be coterminous with
the corporate boundaries of the City. This is to allow for development within TCAAP and to
provide the ability to create the District (see attached Development District No. 1 plan and
corresponding map of old and new boundaries).
Interfund Loan
The approval resolution contains the ability for the City to provide an interfund loan to the
District of up to $100,000 to cover any eligible costs the City expended in relation to the
District and would like to recapture from it once TIF is generated. The IFL can be advanced
as needed (typically for administrative costs of fiscal consultants and legal, but can be for
capital costs too) and is repaid at the statutory maximum interest rate of 5%.
Please contact me at 651-697-8506 with any questions.
Current Market Value - Est.100,697,100
New Market Value - Est.673,169,070
Difference 572,471,970
Present Value of Tax Increment 73,186,922
Difference 499,285,048
Value likely to occur without Tax Increment is less than:499,285,048
MARKET VALUE BUT / FOR ANALYSIS
MODIFICATION TO THE DEVELOPMENT
PROGRAM
Development District No. 1
- AND -
TAX INCREMENT FINANCING PLAN
Establishment of Tax Increment Financing District No. 5: TCAAP
(a redevelopment district)
City of Arden Hills, Ramsey County, Minnesota
Public Hearing: December 16, 2019
City of Arden Hills
Tax Increment Financing District No. 5: TCAAP 2
Table of Contents
Modification to the Development Program for Development District No. 1 ................................... 3
Foreword ................................................................................................................................... 3
Tax Increment Financing Plan for TIF District No. 5: TCAAP ....................................................... 4
Foreword ................................................................................................................................... 4
Statutory Authority .................................................................................................................... 4
Statement of Objectives ............................................................................................................ 4
Development Program Overview .............................................................................................. 4
Description of Property in the District and Property to be Acquired .......................................... 5
Classification of the District ....................................................................................................... 5
Duration and First Year of Tax Increment of the District ........................................................... 6
Original Tax Capacity, Tax Rate and Estimated Captured Net Tax Capacity Value/Increment
and Notification of Prior Planned Improvements ....................................................................... 6
Sources of Revenue/Bonds to be Issued .................................................................................. 7
Uses of Funds ........................................................................................................................... 8
Estimated Impact on Other Taxing Jurisdictions ....................................................................... 9
Supporting Documentation ..................................................................................................... 11
Administration of the District ................................................................................................... 11
Appendix A: Map of Development District No. 1 and the TIF District ..................................... 12
Appendix B: Estimated Cash Flow for the District .................................................................. 13
Appendix C: Findings Including But/For Qualifications .......................................................... 14
Appendix D: Special Legislation for the District ..................................................................... 16
City of Arden Hills
Tax Increment Financing District No. 5: TCAAP 3
Modification to the Development Program for
Development District No. 1
Foreword
The following text represents a Modification to the Development Program for Development District
No. 1. This modification represents a continuation of the goals and objectives set forth in the
Development Program for Development District No. 1. Generally, the substantive changes
include the establishment of TIF District No. 5: TCAAP and the expansion of the boundaries of
Development District No. 1 to be coterminous with the City’s corporate boundaries.
For further information, a review of the Development Program for Development District No. 1, is
recommended. It is available from the City Administrator at the City of Arden Hills. Other relevant
information is contained in the Tax Increment Financing Plans for the Tax Increment Financing
Districts located within Development District No. 1.
City of Arden Hills
Tax Increment Financing District No. 5: TCAAP 4
Tax Increment Financing Plan for TIF District No.
5: TCAAP
Foreword
The City of Arden Hills (the "City"), staff and consultants have prepared the following information
to expedite the establishment of Tax Increment Financing District No. 5: TCAAP (the "District"), a
redevelopment tax increment financing district, located in Development District No. 1.
Statutory Authority
Within the City, there exist areas where public involvement is necessary to cause development to
occur. To this end, the City has certain statutory powers pursuant to Minnesota Statutes ("M.S."),
Sections 469.124 - 469.133, inclusive, as amended, and M.S., Sections 469.174 to 469.1794,
inclusive, as amended (the "Tax Increment Financing Act" or "TIF Act"), and 2009 Minnesota
Session Laws, Chapter 88, Article 5, Section 16, Subdivision 2 to assist in financing public costs
related to this project.
This section contains the Tax Increment Financing Plan (the "TIF Plan") for the District. Other
relevant information is contained in the Modification to the Development Program for
Development District No. 1.
Statement of Objectives
The District currently consists of two parcels of land and adjacent and internal rights-of-way. The
District is being created to facilitate the the construction of a mixed-use development consisting
of approximately 1,460 residential units comprised of approximately 120 condos, 760 apartment
units, and 580 single-family homes; 291,500 square feet of retail and restaurant space; a 200-unit
hotel; a movie theater; 185,950 square feet of flex / office space and approximately 740,000
square feet of corporate office space and related structured parking in the City. The City has not
entered into an agreement, but Alatus Arden Hills LLC. has been designated as the master
developer and development is likely to begin in 2021. This TIF Plan is expected to achieve many
of the objectives outlined in the Development Program for Development District No. 1.
The activities contemplated in the Modification to the Development Program and the TIF Plan do
not preclude the undertaking of other qualified development or redevelopment activities. These
activities are anticipated to occur over the life of Development District No. 1 and the District.
Development Program Overview
Pursuant to the Development Program and authorizing state statutes, the City is authorized to
undertake the following activities in the District:
1. Property to be Acquired - Selected property located within the District may be
acquired by the City and is further described in this TIF Plan.
2. Relocation - Relocation services, to the extent required by law, are available
pursuant to M.S., Chapter 117 and other relevant state and federal laws.
City of Arden Hills
Tax Increment Financing District No. 5: TCAAP 5
3. Upon approval of a developer's plan relating to the project and completion of the
necessary legal requirements, the City may sell to a developer selected properties
that it may acquire within the District or may lease land or facilities to a developer.
4. The City may perform or provide for some or all necessary acquisition,
construction, relocation, demolition, and required utilities and public street work
within the District.
Description of Property in the District and Property to be Acquired
The District encompasses all property and adjacent rights-of-way and abutting roadways
identified by the parcel listed below.
Parcel number Address Owner
163023210001 N/A Ramsey Co.
093023320001 N/A Ramsey Co.
Please also see the map in Appendix A for further information on the location of the District.
The property will be replatted for development of the various uses by the master developer in the
future. The City anticipates that it will decertify many of the newly platted parcels from the TIF
district as assistance will not be required for some of the uses (i.e. for-sale housing, big box
retail/retail, hotel, theater, etc.). The City reserves its right to determine which future parcels will
remain in the TIF District.
The City may acquire any parcel within the District including interior and adjacent street rights of
way. Any properties identified for acquisition will be acquired by the City only in order to
accomplish one or more of the following: storm sewer improvements; provide land for needed
public streets, utilities and facilities; carry out land acquisition, site improvements, clearance
and/or development to accomplish the uses and objectives set forth in this plan. The City may
acquire property by gift, dedication, condemnation or direct purchase from willing sellers in order
to achieve the objectives of this TIF Plan. Such acquisitions will be undertaken only when there
is assurance of funding to finance the acquisition and related costs.
Classification of the District
The City, in determining the need to create a tax increment financing district in accordance with
M.S., Sections 469.174 to 469.1794, as amended, inclusive, finds that the District, to be
established, is a redevelopment district pursuant to 2009 Minnesota Session Laws, Chapter 88,
Article 5, Section 16, Subdivision 2 (a)(1).
Pursuant to M.S., Section 469.176, Subd. 7, the District does not contain any parcel or part of a
parcel that qualified under the provisions of M.S., Sections 273.111, 273.112, or 273.114 or
Chapter 473H for taxes payable in any of the five calendar years before the filing of the request
for certification of the District.
City of Arden Hills
Tax Increment Financing District No. 5: TCAAP 6
Duration and First Year of Tax Increment of the District
Pursuant to M.S., Section 469.175, Subd. 1, and Section 469.176, Subd. 1, the duration and first
year of tax increment of the District may be indicated within the TIF Plan. Pursuant to 2009
Minnesota Session Laws, Chapter 88, Article 5, Section 16, Subdivision 2, the duration of the
District will be 30 years after receipt of the first increment by the City (a total of 31 years of tax
increment). Notwithstanding Minnesota Statutes, Section 469.175, subdivision 1, paragraph (b),
the City may designate the first year in which it elects to receive increment, up to six years
following the year of approval of the district. The City must make the designation by written notice
to the County Auditor delivered by June 30 of the year prior to the designated year of first receipt.
The City elects to receive the first tax increment in 2023, which is no later than six years following
the year of approval of the District.
Thus, it is estimated that the District, including any modifications of the TIF Plan for subsequent
phases or other changes, would terminate after 2053, or when the TIF Plan is satisfied. The City
reserves the right to decertify the District prior to the legally required date.
Original Tax Capacity, Tax Rate and Estimated Captured Net Tax
Capacity Value/Increment and Notification of Prior Planned
Improvements
Pursuant to M.S., Section 469.174, Subd. 7 and M.S., Section 469.177, Subd. 1, the Original Net
Tax Capacity (ONTC) as certified for the District will be based on the market values placed on the
property by the assessor in 2019 for taxes payable 2020.
Pursuant to M.S., Section 469.177, Subds. 1 and 2, the County Auditor shall certify in each year
(beginning in the payment year 2021) the amount by which the original value has increased or
decreased as a result of:
1. Change in tax exempt status of property;
2. Reduction or enlargement of the geographic boundaries of the district;
3. Change due to adjustments, negotiated or court-ordered abatements;
4. Change in the use of the property and classification;
5. Change in state law governing class rates; or
6. Change in previously issued building permits.
In any year in which the current Net Tax Capacity (NTC) value of the District declines below the
ONTC, no value will be captured, and no tax increment will be payable to the City.
The original local tax rate for the District will be the local tax rate for taxes payable 2020, assuming
the request for certification is made before June 30, 2020. The ONTC and the Original Local Tax
Rate for the District appear in the table below.
Pursuant to M.S., Section 469.174 Subd. 4 and M.S., Section 469.177, Subd. 1, 2, and 4, the
estimated Captured Net Tax Capacity (CTC) of the District, within Development District No. 1,
upon completion of the projects within the District, will annually approximate tax increment
revenues as shown in the table below. The City requests 100 percent of the available increase
in tax capacity for repayment of its obligations and current expenditures, beginning in the tax year
payable 2026. The Project Tax Capacity (PTC) listed is an estimate of values when the projects
within the District are completed.
City of Arden Hills
Tax Increment Financing District No. 5: TCAAP 7
Project estimated Tax Capacity upon completion $7,171,832
Original estimated Net Tax Capacity $2,012,442
Fiscal Disparities $505,054
Estimated Captured Tax Capacity $4,654,336
Original Local Tax Rate 113.0300%Pay 2019
Estimated Annual Tax Increment $5,260,796
Percent Retained by the City 100%
Project Tax Capacity
Note: The tax capacity includes no inflation for the duration of the District. The tax capacity included in
this chart is the estimated tax capacity of the District in year 3 after development is completed. The tax
capacity of the District in year one is estimated to be $1,491,463.
Pursuant to M.S., Section 469.177, Subd. 4, the City shall, after a due and diligent search,
accompany its request for certification to the County Auditor or its notice of the District
enlargement pursuant to M.S., Section 469.175, Subd. 4, with a listing of all properties within the
District or area of enlargement for which building permits have been issued during the eighteen
(18) months immediately preceding approval of the TIF Plan by the municipality pursuant to M.S.,
Section 469.175, Subd. 3. The County Auditor shall increase the original net tax capacity of the
District by the net tax capacity of improvements for which a building permit was issued.
The City has reviewed the area to be included in the District and found no parcels for which
building permits have been issued during the 18 months immediately preceding approval of the
TIF Plan by the City.
Sources of Revenue/Bonds to be Issued
The total estimated tax increment revenues for the District are shown in the table below:
SOURCES
Tax Increment 154,637,343
Interest 15,463,734
TOTAL 170,101,078
The costs outlined in the Uses of Funds will be financed primarily through the annual collection of
tax increments. The City reserves the right to incur bonds or other indebtedness as a result of
the TIF Plan. As presently proposed, the projects within the District will be financed by pay-as-
you-go notes and interfund loans. Any refunding amounts will be deemed a budgeted cost without
a formal TIF Plan Modification. This provision does not obligate the City to incur debt. The City
will issue bonds or incur other debt only upon the determination that such action is in the best
interest of the City.
The City may issue bonds (as defined in the TIF Act) secured in whole or in part with tax
increments from the District in a maximum principal amount of $96,558,573. Such bonds may be
in the form of pay-as-you-go notes, revenue bonds or notes, general obligation bonds, or interfund
City of Arden Hills
Tax Increment Financing District No. 5: TCAAP 8
loans. This estimate of total bonded indebtedness is a cumulative statement of authority under
this TIF Plan as of the date of approval.
Uses of Funds
Currently under consideration for the District is a proposal to facilitate a mixed-use development
consisting of housing, commercial, corporate office and flex / office space. The City has
determined that it will be necessary to provide assistance to some of the projects in the District
as well as other affordable housing projects within the City for certain District costs, as described.
The City has studied the feasibility of the development of property in and around the District. To
facilitate the establishment and development of the District, this TIF Plan authorizes the use of
tax increment financing to pay for the cost of certain eligible expenses. The estimate of public
costs and uses of funds associated with the District and other affordable housing projects is
outlined in the following table.
USES
Land/Building Acquisition 7,000,000
Site Improvements/Preparation 3,000,000
Affordable Housing 12,061,713
Utilities 2,500,000
Other Qualifying Improvements 56,533,126
Administrative Costs (up to 10%)15,463,734
PROJECT COSTS TOTAL 96,558,573
Interest 73,542,505
PROJECT AND INTEREST COSTS TOTAL 170,101,078
Note: This is a maximum budget for TIF Plan purposes and uses, unit counts and
square footage of buildings are subject to change based upon actual development.
All applications for assistance will be reviewed to determine appropriate level of
assistance, if any, is required.
The total project cost, including financing costs (interest) listed in the table above does not exceed
the total projected tax increments for the District as shown in the Sources of Revenue section.
In addition, the City hereby elects to increase by 10 percentage points the permitted amount of
expenditures of increment from the District for activities located outside the geographic area of
Development District No. 1, or after the 10-year rule expires, for affordable housing pursuant to
Minnesota Statutes, Section 469.1763, subdivision 2(d). The City may expend tax increment
under this election (the "Expanded Pooling Amount") as follows:
The Expanded Pooling Amount may be spent anywhere in the City (whether or not
located within Development District No. 1) and after expiration of the 10-year rule.
Expenditures of the Expanded Pooling Amount are not subject to the limitations set
forth in Section 469.176, Subd. 4j.
City of Arden Hills
Tax Increment Financing District No. 5: TCAAP 9
The Expanded Pooling Amount must be used exclusively to assist housing that meets
the requirement for a qualified low-income building, as that term is used in Section 42
of the Internal Revenue Code of 1986, as amended (the "Tax Credit Act").
Expenditures of the Expanded Pooling Amount for any qualified low-income buildings
may not exceed the qualified basis of that building, as defined in the Tax Credit Act,
less the amount of any tax credit allowed under the Tax Credit Act for that building.
The Expanded Pooling Amount may be used to acquire and prepare sites for qualified
rental housing; acquire construct or rehabilitate the housing, and make public
improvements directly related to such housing.
Estimated costs associated with the District and other affordable housing projects within the City
are subject to change among categories without a modification to this TIF Plan. The cost of all
activities to be considered for tax increment financing will not exceed, without formal modification,
the budget above pursuant to the applicable statutory requirements. Pursuant to M.S., Section
469.1763, Subd. 2, no more than 25 percent of the tax increment paid by property within the
District will be spent on activities related to development or redevelopment outside of the District
but within the boundaries of Development District No. 1, (including administrative costs, which are
considered to be spent outside of the District) subject to the limitations as described in this TIF
Plan. The City may expend an additional 10 percent of funds for qualified housing activities
outside the District boundaries.
Fiscal Disparities Election
Pursuant to M.S., Section 469.177, Subd. 3, the City may elect one of two methods to calculate
fiscal disparities.
The City will choose to calculate fiscal disparities by clause b (inside).
Estimated Impact on Other Taxing Jurisdictions
The estimated impact on other taxing jurisdictions assumes that the development contemplated
by the TIF Plan would occur without the creation of the District. However, the City has determined
that such development would not occur "but for" tax increment financing and that, therefore, the
fiscal impact on other taxing jurisdictions is $0. The estimated fiscal impact of the District would
be as follows if the "but for" test was not met:
Entity
2018/Pay 2019
Total Net Tax
Capacity
Estimated
Captured Tax
Capacity (CTC)
upon completion
Percent of CTC
to Entity Total
Ramsey County 528,905,652 4,654,336 0.8800%
City of Arden Hills 14,194,197 4,654,336 32.7904%
ISD No. 621 99,584,975 4,654,336 4.6737%
Impact on Tax Base
City of Arden Hills
Tax Increment Financing District No. 5: TCAAP 10
Entity
Pay 2019
Extension
Rate
Percent of Total CTC Potential Taxes
Ramsey County 52.879% 46.78% 4,654,336 2,461,189
City of Arden Hills 25.555% 22.61% 4,654,336 1,189,425
ISD No. 621 26.330% 23.30% 4,654,336 1,225,505
Other 8.265% 7.31%4,654,336 384,677
Total 113.030% 100.00% 5,260,796
Impact on Tax Rates
The estimates listed above display the captured tax capacity when all construction is completed.
The tax rate used for calculations is the Pay 2019 rate. The total net capacity for the entities listed
above are based on Pay 2019 figures. The District will be certified under the Pay 2020 rates,
which were unavailable at the time this TIF Plan was prepared.
Pursuant to M.S. Section 469.175 Subd. 2(b):
(1) Estimate of total tax increment. It is estimated that the total amount of tax increment
that will be generated over the life of the District is $154,637,343;
(2) Probable impact of the District on city provided services and ability to issue debt. An
impact of the District on police protection is expected. With any addition of new
residents or businesses, police calls for service will be increased. New developments
add an increase in traffic, and additional overall demands to the call load. The City
currently contracts with the Ramsey County Sheriff Department for police services and
it is expected that the proposed development will necessitate new capital investment
in vehicles and staff.
The probable impact of the District on fire protection is expected. The City expects
that the proposed development will necessitate new capital investment in vehicles,
facilities and staff.
The impact of the District on public infrastructure is expected to be significant. New
roads, utilities and a water tower will need to be developed for the area. It is anticipated
that these facilities will be paid for by the development. In addition, it is anticipated
that there will be additional costs associated with street maintenance, sweeping,
plowing, lighting, sidewalks and trails that may become the responsibility of the City, if
not provided for under a special service district or home owner association(s).
The probable impact of any District general obligation tax increment bonds on the
ability to issue debt for general fund purposes is expected to be minimal. It is not
anticipated that there will be any general obligation tax increment debt issued in
relation to this project, therefore there will be no impact on the City's ability to issue
future debt or on the City's debt limit.
(3) Estimated amount of tax increment attributable to school district levies. It is estimated
that the amount of tax increments over the life of the District that would be attributable
to school district levies, assuming the school district's share of the total local tax rate
for all taxing jurisdictions remained the same, is $36,022,816;
City of Arden Hills
Tax Increment Financing District No. 5: TCAAP 11
(4) Estimated amount of tax increment attributable to county levies. It is estimated that the
amount of tax increments over the life of the District that would be attributable to county
levies, assuming the county's share of the total local tax rate for all taxing jurisdictions
remained the same, is $72,344,850;
(5) Additional information requested by the county or school district. The City is not aware
of any standard questions in a county or school district written policy regarding tax
increment districts and impact on county or school district services. The county or school
district must request additional information pursuant to M.S. Section 469.175 Subd. 2(b)
within 15 days after receipt of the tax increment financing plan.
No requests for additional information from the county or school district regarding the
proposed development for the District have been received.
Supporting Documentation
Pursuant to M.S. Section 469.175, Subd. 1 (a), clause 7 the TIF Plan must contain identification
and description of studies and analyses used to make the determination set forth in M.S. Section
469.175, Subd. 3, clause (b)(2) and the findings are required in the resolution approving the
District.
(i) In making said determination, reliance has been placed upon the City’s awareness of
the significant amount of planning over the last decade for TCAAP; prior development
proposals that have requested public assistance; and that the project has been
approved for development since 2007 without any development commencing to date.
These findings are further outlined in the City Council resolution approving the
establishment of the TIF District and Appendix C.
(ii) A comparative analysis of estimated market value both with and without establishment
of the TIF District and the use of tax increments has been performed. Such analysis is
included with the cashflow in Appendix B and indicates that the increase in estimated
market value of the proposed development (less the indicated subtractions) exceeds
the estimated market value of the site absent the establishment of the TIF District and
the use of tax increments.
Administration of the District
Administration of the District will be handled by the City Administrator.
City of Arden Hills
Tax Increment Financing District No. 5: TCAAP 12
Appendix A: Map of Development District No. 1 and the TIF District
Tax Increment Financing
District No. 5
located in Development
District 1
±Development District No. 1
§¨¦35W
£¤10
§¨¦694
The boundaries of Development District No. 1
are being expanded to be coterminous with
the City's corporate boundaries.
Expanded boundaries of Development District No. 1
TIF District No. 5: TCAAP
City of Arden Hills
Tax Increment Financing District No. 5: TCAAP 13
Appendix B: Estimated Cash Flow for the District
12/11/2019Base Value Assumptions - Page 1TCAAPCity of Arden HillsMixed Use DevelopmentASSUMPTIONS AND RATESDistrictType:RedevelopmentDistrict Name/Number: TIF 5: TCAAPCounty District #:Exempt Class Rate (Exempt) 0.00%First Year Construction or Inflation on Value 2021Commercial Industrial Preferred Class Rate (C/I Pref.)Existing District - Specify No. Years RemainingFirst $150,000 1.50%Inflation Rate - Every Year:0.00%Over $150,000 2.00%Interest Rate:5.00%Commercial Industrial Class Rate (C/I) 2.00%Present Value Date:1-Aug-22Rental Housing Class Rate (Rental) 1.25%First Period Ending 1-Feb-23Affordable Rental Housing Class Rate (Aff. Rental)Tax Year District was Certified:Pay 2020First $150,000 0.75%Cashflow Assumes First Tax Increment For Development: 2023 Over $150,000 0.25%Years of Tax Increment 31 Non-Homestead Residential (Non-H Res. 1 Unit)Assumes Last Year of Tax Increment 2053 First $500,000 1.00%Fiscal Disparities Election [Outside (A), Inside (B), or NA]Inside(B)Over $500,000 1.25%Incremental or Total Fiscal DisparitiesIncrementalHomestead Residential Class Rate (Hmstd. Res.)Fiscal Disparities Contribution Ratio 30.6534% Pay 2019 First $500,000 1.00%Fiscal Disparities Metro-Wide Tax Rate 143.9920% Pay 2019 Over $500,000 1.25%Maximum/Frozen Local Tax Rate: 113.030% Pay 2019 Agricultural Non-Homestead 1.00%Current Local Tax Rate: (Use lesser of Current or Max.)113.030%Pay 2019 State-wide Tax Rate (Comm./Ind. only used for total taxes) 42.4160% Pay 2019Market Value Tax Rate (Used for total taxes) 0.18765% Pay 2019 Building Total Percentage Tax Year Property Current ClassAfterLand Market Market Of Value Used Original Original Tax OriginalAfter ConversionMap ID PID Owner Address Market ValueValueValue for District Market Value Market Value Class Tax Capacity Conversion Orig. Tax Cap.1163023210001 Ramsey Co.Primary97,250,300 0 97,250,300 100% 97,250,300 Pay 2020 Exempt - C/I Pref. 1,944,256 12093023320001 Ramsey Co.Thumb3,446,800 0 3,446,800 100% 3,446,800 Pay 2020 Exempt - C/I Pref. 68,186 2100,697,100 0 100,697,100100,697,100 0 2,012,442Note:1. Base values are for pay 2019 based upon review of County website on 10-28-19.2. Located in SD #621 and Rice Creek WSArea/ PhaseTax Rates BASE VALUE INFORMATION (Original Tax Capacity)Prepared by Ehlers & Associates, Inc. - Estimates OnlyN:\Minnsota\Arden Hills\Housing - Economic - Redevelopment\TIF\TIF Districts\TIF 5\TIF cashflows\TIF Plan Run - TIF 5 TCAAP - FINAL
12/11/2019Base Value Assumptions - Page 2TCAAPCity of Arden HillsMixed Use DevelopmentEstimated Taxable Total Taxable Property Percentage Percentage Percentage Percentage First YearMarket Value Market Value Total Market Tax Project Project Tax Completed Completed Completed Completed Full TaxesArea/PhaseNew UsePer Sq. Ft./Unit Per Sq. Ft./UnitSq. Ft./UnitsValueClassTax CapacityCapacity/Unit2021202220232024Payable1 TC Apartments 200,000 200,000 290 58,000,000 Rental 725,000 2,500 50% 100% 100% 100% 20241 TC Sr. Apt 200,000 200,000 290 58,000,000 Rental 725,000 2,500 50% 100% 100% 100% 20241 TC Retail 175 175 25,500 4,462,500 C/I Pref. 88,500 3 50% 100% 100% 100% 20241 TC Hotel 115,000 115,000 200 23,000,000 C/I Pref. 459,250 2,296 50% 100% 100% 100% 20241 TC Theater 105 105 42,000 4,410,000 C/I Pref. 87,450 2 50% 100% 100% 100% 20241 W. Side Costco 80 80 166,000 13,280,000 C/I Pref. 264,850 2 100% 100% 100% 100% 20231 W. Side Retail 175 175 62,000 10,850,000 C/I Pref. 216,250 3 50% 100% 100% 100% 20241 Hill South SF 760,000 760,000 101 76,760,000 Hmstd. Res. 833,250 8,250 25% 50% 75% 100% 20261 Hill South SF 617,500 617,500 15 9,262,500 0 - 25% 50% 75% 100% 20261 Hill South SF 499,000 499,000 54 26,946,000 0 - 25% 50% 75% 100% 20262 Condos 400,000 398,760 120 47,851,200 Hmstd. Res. 478,512 3,988 0% 50% 100% 100% 20252Apartments 200,000 200,000 300 60,000,000 Rental 750,000 2,500 0% 50% 100% 100% 20252 Retail 175 175 17,000 2,975,000 C/I Pref. 58,750 3 0% 50% 100% 100% 20252 Restaurant 175 175 21,000 3,675,000 C/I Pref. 72,750 3 0% 50% 100% 100% 20252 TC S. Residential 297,000 286,490 88 25,211,120 0 - 0% 25% 50% 100% 20263 TC N. Residential 356,000 350,800 33 11,576,400 0 - 0% 25% 50% 100% 20263 TC N. Residential 297,000 286,490 29 8,308,210 0 - 0% 25% 50% 100% 20263 Hill N. SF380,000 376,960 37 13,947,520 0 - 25% 50% 75% 100% 20263 Creek SF 404,000 403,120 101 40,715,120 0 - 25% 50% 75% 100% 20263 Creek SF 427,500 427,500 77 32,917,500 0 - 25% 50% 75% 100% 20263 Creek SF 451,000 451,000 45 20,295,000 0 - 25% 50% 75% 100% 20264 W. Side Office 100 100 185,950 18,595,000 C/I Pref. 371,150 2 25% 50% 75% 100% 20264Flex N/s60 60 468,850 28,131,000 C/I Pref. 561,870 1 25% 50% 75% 100% 20265 Thumb Office 100 100 740,000 74,000,000 C/I Pref. 1,479,250 2 25% 50% 75% 100% 2026TOTAL673,169,0707,171,832 Subtotal Residential 1,101 300,611,200 3,511,762 Subtotal Commercial/Ind. 1,728,500 183,378,500 3,660,070 Note:1. Market values are based upon estimatesTotalFiscal LocalLocalFiscal State-wideMarketTax Disparities Tax Property Disparities PropertyValue Total Taxes PerNew UseCapacity Tax Capacity Capacity Taxes Taxes Taxes Taxes Taxes Sq. Ft./UnitTC Apartments 725,000 0 725,000 819,468 0 0 108,837 928,305 3,201.05TC Sr. Apt 725,000 0 725,000 819,468 0 0 108,837 928,305 3,201.05TC Retail 88,500 27,128 61,372 69,368 39,063 36,902 8,374 153,707 6.03TC Hotel 459,250 140,776 318,474 359,971 202,706 194,159 43,160 799,996 3,999.98TC Theater 87,450 26,806 60,644 68,545 38,599 36,457 8,275 151,876 3.62W. Side Costco 264,850 81,186 183,664 207,596 116,901 111,703 24,920 461,119 2.78W. Side Retail 216,250 66,288 149,962 169,502 95,449 91,088 20,360 376,400 6.07Hill South SF 833,250 0 833,250 941,822 0 0 144,040 1,085,863 10,751.12Hill South SF 0 0 0 0 0 0 17,381 17,381 1,158.74Hill South SF 0 0 0 0 0 0 50,564 50,564 936.37Condos 478,512 0 478,512 540,862 0 0 89,793 630,655 5,255.46Apartments 750,000 0 750,000 847,725 0 0 112,590 960,315 3,201.05Retail 58,750 18,009 40,741 46,050 25,931 24,283 5,583 101,847 5.99Restaurant 72,750 22,300 50,450 57,023 32,111 30,221 6,896 126,251 6.01TC S. Residential 0 0 0 0 0 0 47,309 47,309 537.60TC N. Residential 0 0 0 0 0 0 21,723 21,723 658.28TC N. Residential 0 0 0 0 0 0 15,590 15,590 537.60Hill N. SF 0 0 0 0 0 0 26,173 26,173 707.37Creek SF 0 0 0 0 0 0 76,402 76,402 756.45Creek SF 0 0 0 0 0 0 61,770 61,770 802.20Creek SF 0 0 0 0 0 0 38,084 38,084 846.30W. Side Office 371,150 113,770 257,380 290,917 163,820 156,791 34,894 646,421 3.48Flex N/s 561,870 172,232 389,638 440,408 248,001 237,687 52,788 978,883 2.09Thumb Office 1,479,250 453,440 1,025,810 1,159,473 652,918 626,802 138,861 2,578,054 3.48TOTAL7,171,8321,121,9366,049,8966,838,1981,615,4981,546,0931,263,20211,262,990Note: 1. Taxes and tax increment will vary significantly from year to year depending upon values, rates, state law, fiscal disparities and other factors which cannot be predicted.Total Property Taxes 11,262,990Current Market Value - Est. 100,697,100less State-wide Taxes (1,546,093)New Market Value - Est. 673,169,070less Fiscal Disp. Adj.(1,615,498) Difference572,471,970less Market Value Taxes (1,263,202)Present Value of Tax Increment 73,186,922less Base Value Taxes(1,577,402) Difference499,285,048Annual Gross TIF 5,260,796Value likely to occur without Tax Increment is less than:499,285,048 WHAT IS EXCLUDED FROM TIF? MARKET VALUE BUT / FOR ANALYSISTAX CALCULATIONSPROJECT INFORMATION (Project Tax Capacity)Prepared by Ehlers & Associates, Inc. - Estimates OnlyN:\Minnsota\Arden Hills\Housing - Economic - Redevelopment\TIF\TIF Districts\TIF 5\TIF cashflows\TIF Plan Run - TIF 5 TCAAP - FINAL
12/11/2019Tax Increment Cashflow - Page 3TCAAPCity of Arden HillsMixed Use DevelopmentTAX INCREMENT CASH FLOWProject Original Fiscal CapturedLocal Annual Semi-Annual State Admin. Semi-Annual Semi-Annual PERIOD% of Tax Tax Disparities Tax Tax Gross Tax Gross Tax Auditor at Net Tax Present ENDING Tax PaymentOTC Capacity Capacity Incremental Capacity Rate Increment Increment 0.36% 10% Increment Value Yrs. Year Date- - - - 02/01/23100% 2,226,955 (2,012,442) - 214,513 113.030% 242,464 121,232 (436) (12,080) 108,716 103,477 0.5 2023 08/01/23100% 2,226,955 (2,012,442) - 214,513 113.030% 242,464 121,232 (436) (12,080) 108,716 204,431 1 2023 02/01/24100% 4,869,066 (2,012,442) (115,178) 2,741,446 113.030% 3,098,656 1,549,328 (5,578) (154,375) 1,389,376 1,463,137 1.5 2024 08/01/24100% 4,869,066 (2,012,442) (115,178) 2,741,446 113.030% 3,098,656 1,549,328 (5,578) (154,375) 1,389,376 2,691,142 2 2024 02/01/25100% 6,360,452 (2,012,442) (320,193) 4,027,817 113.030% 4,552,641 2,276,321 (8,195) (226,813) 2,041,313 4,451,360 2.5 2025 08/01/25100% 6,360,452 (2,012,442) (320,193) 4,027,817 113.030% 4,552,641 2,276,321 (8,195) (226,813) 2,041,313 6,168,646 3 2025 02/01/26100% 7,171,832 (2,012,442) (505,054) 4,654,336 113.030% 5,260,796 2,630,398 (9,469) (262,093) 2,358,836 8,104,653 3.5 2026 08/01/26100% 7,171,832 (2,012,442) (505,054) 4,654,336 113.030% 5,260,796 2,630,398 (9,469) (262,093) 2,358,836 9,993,439 4 2026 02/01/27100% 7,171,832 (2,012,442) (505,054) 4,654,336 113.030% 5,260,796 2,630,398 (9,469) (262,093) 2,358,836 11,836,158 4.5 2027 08/01/27100% 7,171,832 (2,012,442) (505,054) 4,654,336 113.030% 5,260,796 2,630,398 (9,469) (262,093) 2,358,836 13,633,932 5 2027 02/01/28100% 7,171,832 (2,012,442) (505,054) 4,654,336 113.030% 5,260,796 2,630,398 (9,469) (262,093) 2,358,836 15,387,858 5.5 2028 08/01/28100% 7,171,832 (2,012,442) (505,054) 4,654,336 113.030% 5,260,796 2,630,398 (9,469) (262,093) 2,358,836 17,099,006 6 2028 02/01/29100% 7,171,832 (2,012,442) (505,054) 4,654,336 113.030% 5,260,796 2,630,398 (9,469) (262,093) 2,358,836 18,768,418 6.5 2029 08/01/29100% 7,171,832 (2,012,442) (505,054) 4,654,336 113.030% 5,260,796 2,630,398 (9,469) (262,093) 2,358,836 20,397,113 7 2029 02/01/30100% 7,171,832 (2,012,442) (505,054) 4,654,336 113.030% 5,260,796 2,630,398 (9,469) (262,093) 2,358,836 21,986,083 7.5 2030 08/01/30100% 7,171,832 (2,012,442) (505,054) 4,654,336 113.030% 5,260,796 2,630,398 (9,469) (262,093) 2,358,836 23,536,299 8 2030 02/01/31100% 7,171,832 (2,012,442) (505,054) 4,654,336 113.030% 5,260,796 2,630,398 (9,469) (262,093) 2,358,836 25,048,704 8.5 2031 08/01/31100% 7,171,832 (2,012,442) (505,054) 4,654,336 113.030% 5,260,796 2,630,398 (9,469) (262,093) 2,358,836 26,524,221 9 2031 02/01/32100% 7,171,832 (2,012,442) (505,054) 4,654,336 113.030% 5,260,796 2,630,398 (9,469) (262,093) 2,358,836 27,963,750 9.5 2032 08/01/32100% 7,171,832 (2,012,442) (505,054) 4,654,336 113.030% 5,260,796 2,630,398 (9,469) (262,093) 2,358,836 29,368,168 10 2032 02/01/33100% 7,171,832 (2,012,442) (505,054) 4,654,336 113.030% 5,260,796 2,630,398 (9,469) (262,093) 2,358,836 30,738,332 10.5 2033 08/01/33100% 7,171,832 (2,012,442) (505,054) 4,654,336 113.030% 5,260,796 2,630,398 (9,469) (262,093) 2,358,836 32,075,078 11 2033 02/01/34100% 7,171,832 (2,012,442) (505,054) 4,654,336 113.030% 5,260,796 2,630,398 (9,469) (262,093) 2,358,836 33,379,220 11.5 2034 08/01/34100% 7,171,832 (2,012,442) (505,054) 4,654,336 113.030% 5,260,796 2,630,398 (9,469) (262,093) 2,358,836 34,651,554 12 2034 02/01/35100% 7,171,832 (2,012,442) (505,054) 4,654,336 113.030% 5,260,796 2,630,398 (9,469) (262,093) 2,358,836 35,892,855 12.5 2035 08/01/35100% 7,171,832 (2,012,442) (505,054) 4,654,336 113.030% 5,260,796 2,630,398 (9,469) (262,093) 2,358,836 37,103,881 13 2035 02/01/36100% 7,171,832 (2,012,442) (505,054) 4,654,336 113.030% 5,260,796 2,630,398 (9,469) (262,093) 2,358,836 38,285,369 13.5 2036 08/01/36100% 7,171,832 (2,012,442) (505,054) 4,654,336 113.030% 5,260,796 2,630,398 (9,469) (262,093) 2,358,836 39,438,041 14 2036 02/01/37100% 7,171,832 (2,012,442) (505,054) 4,654,336 113.030% 5,260,796 2,630,398 (9,469) (262,093) 2,358,836 40,562,598 14.5 2037 08/01/37100% 7,171,832 (2,012,442) (505,054) 4,654,336 113.030% 5,260,796 2,630,398 (9,469) (262,093) 2,358,836 41,659,728 15 2037 02/01/38100% 7,171,832 (2,012,442) (505,054) 4,654,336 113.030% 5,260,796 2,630,398 (9,469) (262,093) 2,358,836 42,730,098 15.5 2038 08/01/38100% 7,171,832 (2,012,442) (505,054) 4,654,336 113.030% 5,260,796 2,630,398 (9,469) (262,093) 2,358,836 43,774,362 16 2038 02/01/39100% 7,171,832 (2,012,442) (505,054) 4,654,336 113.030% 5,260,796 2,630,398 (9,469) (262,093) 2,358,836 44,793,155 16.5 2039 08/01/39100% 7,171,832 (2,012,442) (505,054) 4,654,336 113.030% 5,260,796 2,630,398 (9,469) (262,093) 2,358,836 45,787,100 17 2039 02/01/40100% 7,171,832 (2,012,442) (505,054) 4,654,336 113.030% 5,260,796 2,630,398 (9,469) (262,093) 2,358,836 46,756,803 17.5 2040 08/01/40100% 7,171,832 (2,012,442) (505,054) 4,654,336 113.030% 5,260,796 2,630,398 (9,469) (262,093) 2,358,836 47,702,854 18 2040 02/01/41100% 7,171,832 (2,012,442) (505,054) 4,654,336 113.030% 5,260,796 2,630,398 (9,469) (262,093) 2,358,836 48,625,831 18.5 2041 08/01/41100% 7,171,832 (2,012,442) (505,054) 4,654,336 113.030% 5,260,796 2,630,398 (9,469) (262,093) 2,358,836 49,526,296 19 2041 02/01/42100% 7,171,832 (2,012,442) (505,054) 4,654,336 113.030% 5,260,796 2,630,398 (9,469) (262,093) 2,358,836 50,404,799 19.5 2042 08/01/42100% 7,171,832 (2,012,442) (505,054) 4,654,336 113.030% 5,260,796 2,630,398 (9,469) (262,093) 2,358,836 51,261,875 20 2042 02/01/43100% 7,171,832 (2,012,442) (505,054) 4,654,336 113.030% 5,260,796 2,630,398 (9,469) (262,093) 2,358,836 52,098,046 20.5 2043 08/01/43100% 7,171,832 (2,012,442) (505,054) 4,654,336 113.030% 5,260,796 2,630,398 (9,469) (262,093) 2,358,836 52,913,823 21 2043 02/01/44100% 7,171,832 (2,012,442) (505,054) 4,654,336 113.030% 5,260,796 2,630,398 (9,469) (262,093) 2,358,836 53,709,703 21.5 2044 08/01/44100% 7,171,832 (2,012,442) (505,054) 4,654,336 113.030% 5,260,796 2,630,398 (9,469) (262,093) 2,358,836 54,486,172 22 2044 02/01/45100% 7,171,832 (2,012,442) (505,054) 4,654,336 113.030% 5,260,796 2,630,398 (9,469) (262,093) 2,358,836 55,243,702 22.5 2045 08/01/45100% 7,171,832 (2,012,442) (505,054) 4,654,336 113.030% 5,260,796 2,630,398 (9,469) (262,093) 2,358,836 55,982,756 23 2045 02/01/46100% 7,171,832 (2,012,442) (505,054) 4,654,336 113.030% 5,260,796 2,630,398 (9,469) (262,093) 2,358,836 56,703,784 23.5 2046 08/01/46100% 7,171,832 (2,012,442) (505,054) 4,654,336 113.030% 5,260,796 2,630,398 (9,469) (262,093) 2,358,836 57,407,226 24 2046 02/01/47100% 7,171,832 (2,012,442) (505,054) 4,654,336 113.030% 5,260,796 2,630,398 (9,469) (262,093) 2,358,836 58,093,510 24.5 2047 08/01/47100% 7,171,832 (2,012,442) (505,054) 4,654,336 113.030% 5,260,796 2,630,398 (9,469) (262,093) 2,358,836 58,763,057 25 2047 02/01/48100% 7,171,832 (2,012,442) (505,054) 4,654,336 113.030% 5,260,796 2,630,398 (9,469) (262,093) 2,358,836 59,416,272 25.5 2048 08/01/48100% 7,171,832 (2,012,442) (505,054) 4,654,336 113.030% 5,260,796 2,630,398 (9,469) (262,093) 2,358,836 60,053,556 26 2048 02/01/49100% 7,171,832 (2,012,442) (505,054) 4,654,336 113.030% 5,260,796 2,630,398 (9,469) (262,093) 2,358,836 60,675,296 26.5 2049 08/01/49100% 7,171,832 (2,012,442) (505,054) 4,654,336 113.030% 5,260,796 2,630,398 (9,469) (262,093) 2,358,836 61,281,872 27 2049 02/01/50100% 7,171,832 (2,012,442) (505,054) 4,654,336 113.030% 5,260,796 2,630,398 (9,469) (262,093) 2,358,836 61,873,653 27.5 2050 08/01/50100% 7,171,832 (2,012,442) (505,054) 4,654,336 113.030% 5,260,796 2,630,398 (9,469) (262,093) 2,358,836 62,451,001 28 2050 02/01/51100% 7,171,832 (2,012,442) (505,054) 4,654,336 113.030% 5,260,796 2,630,398 (9,469) (262,093) 2,358,836 63,014,267 28.5 2051 08/01/51100% 7,171,832 (2,012,442) (505,054) 4,654,336 113.030% 5,260,796 2,630,398 (9,469) (262,093) 2,358,836 63,563,795 29 2051 02/01/52100% 7,171,832 (2,012,442) (505,054) 4,654,336 113.030% 5,260,796 2,630,398 (9,469) (262,093) 2,358,836 64,099,919 29.5 2052 08/01/52100% 7,171,832 (2,012,442) (505,054) 4,654,336 113.030% 5,260,796 2,630,398 (9,469) (262,093) 2,358,836 64,622,968 30 2052 02/01/53100% 7,171,832 (2,012,442) (505,054) 4,654,336 113.030% 5,260,796 2,630,398 (9,469) (262,093) 2,358,836 65,133,259 30.5 2053 08/01/53100% 7,171,832 (2,012,442) (505,054) 4,654,336 113.030% 5,260,796 2,630,398 (9,469) (262,093) 2,358,836 65,631,104 31 2053 02/01/54 Total155,196,049 (558,706) (15,463,734) 139,173,609 Present Value From 08/01/2022 Present Value Rate 5.00% 73,186,922 (263,473) (7,292,345) 65,631,104 Prepared by Ehlers & Associates, Inc. - Estimates OnlyN:\Minnsota\Arden Hills\Housing - Economic - Redevelopment\TIF\TIF Districts\TIF 5\TIF cashflows\TIF Plan Run - TIF 5 TCAAP - FINAL
City of Arden Hills
Tax Increment Financing District No. 5: TCAAP 14
Appendix C: Findings Including But/For Qualifications
The reasons and facts supporting the findings for the adoption of the Tax Increment Financing
Plan (TIF Plan) for Tax Increment Financing District No. 5: TCAAP (the “District”), as required
pursuant to Minnesota Statutes, Section 469.175, Subdivision 3 are as follows:
1. Finding that Tax Increment Financing District No. 5: TCAAP is a redevelopment district
defined in M.S., Section 469.174, Subd. 10.
In accordance with 2009 Minnesota Session Laws, Chapter 88, Article 5, Section 16,
Subdivision 2 (a)(1) the District is a redevelopment district and is deemed to meet all the
requirements of 469.174, subdivision 10.
2. Finding that the proposed development, in the opinion of the City Council, would not
reasonably be expected to occur solely through private investment within the reasonably
foreseeable future and that the increased market value of the site that could reasonably be
expected to occur without the use of tax increment financing would be less than the increase
in the market value estimated to result from the proposed development after subtracting the
present value of the projected tax increments for the maximum duration of Tax Increment
Financing District No. 5: TCAAP permitted by the TIF Plan.
The proposed development, in the opinion of the City, would not reasonably be expected to
occur solely through private investment within the reasonably foreseeable future: This finding
is supported by the fact that the redevelopment proposed in the TIF Plan meets the City's
objectives for development. The City has approved development plans since 2007 (updated
in 2016) and no development has commenced since then due to the need for significant
infrastructure and utility improvements, a new water tower, funding for affordable housing and
other development costs associated with the District. Based upon this, the various
components of the development may be feasible only through assistance, in part, from tax
increment financing. Each development requesting assistance will be required to fill out the
City’s Public Financing Application and submit a detailed proforma as justification that they
would not have gone forward without tax increment assistance.
The increased market value of the site that could reasonably be expected to occur without the
use of tax increment financing would be less than the increase in market value estimated to
result from the proposed development after subtracting the present value of the projected tax
increments for the maximum duration of the District permitted by the TIF Plan: This finding is
justified on the grounds that the cost of site and public improvements, utilities and providing
affordable housing add to the total development cost. No development has happened on this
property since development plans were first approved in 2007. The City reasonably
determines that no other development of similar scope is anticipated on this site without
substantially similar assistance being provided to the development.
Therefore, the City concludes as follows:
a. The City's estimate of the amount by which the market value of the entire District will
increase without the use of tax increment financing is $0.
b. If the proposed development occurs, the total increase in market value will be
$572,471,970.
City of Arden Hills
Tax Increment Financing District No. 5: TCAAP 15
c. The present value of tax increments from the District for the maximum duration of the
district permitted by the TIF Plan is estimated to be $73,186,922.
d. Even if some development other than the proposed development were to occur, the
Council finds that no alternative would occur that would produce a market value
increase greater than $499,285,048 (the amount in clause b less the amount in clause
c) without tax increment assistance.
3. Finding that the TIF Plan for the District conforms to the general plan for the development or
redevelopment of the municipality as a whole.
The City Council finds that the TIF Plan conforms to the general development plans for the
City. This City Council approved revisions to the Comprehensive Plan, TCAAP Regulating
Plan and TCAAP Redevelopment code on December 16, 2016, which the proposed TIF
Plan reflects.
4. Finding that the TIF Plan for Tax Increment Financing District No. 5: TCAAP will afford
maximum opportunity, consistent with the sound needs of the City as a whole, for the
development or redevelopment of Development District No. 1 by private enterprise.
The project to be assisted by the District will result in increased employment in the City and
the State of Minnesota, increased tax base of the State, add a high-quality development to
the City and will increase the availability of safe and decent life-cycle housing in the City.
City of Arden Hills
Tax Increment Financing District No. 5: TCAAP 16
Appendix D: Special Legislation for the District
Minnesota Session Laws – 2009, Regular Session
Chapter 88, Article 5, Section 16 – HF No. 1298
Article 5: Local Development
Sec. 16. CITY OF ARDEN HILLS; SPECIAL TAX INCREMENT FINANCING AUTHORITY.
Subdivision 1. Establishment.
The City of Arden Hills may establish within the corporate boundaries of the city a redevelopment
tax increment financing district subject to the special rules under subdivision 2. The district must
be located within the area described in the TCAAP Boundary Survey dated December 12, 2007,
by W. Brown Land Surveying, Inc.
Subd. 2. Special rules.
(a) If the city elects to adopt the tax increment financing plan in subdivision 1 for the district, the
following rules apply to the district:
(1) the district is deemed to meet all the requirements of Minnesota Statutes, section 469.174,
subdivision 10;
(2) the five-year rule under Minnesota Statutes, section 469.1763, subdivision 3, is extended
to a ten-year period; and
(3) the duration limit under Minnesota Statutes, section 469.176, subdivision 1b, paragraph
(a), clause (4), is extended to 30 years after receipt of the first increment.
(b) Notwithstanding Minnesota Statutes, section 469.175, subdivision 1, paragraph (b), the city
may designate the first year in which it elects to receive an increment, up to six years following
the year of approval of the district. The city must make the designation by written notice to the
county auditor delivered by June 30 of the year prior to the designated year of first receipt.
Subd. 3. Expiration.
The authority to approve a tax increment financing plan to establish a tax increment financing
district under this section expires December 31, 2019.
EFFECTIVE DATE.
This section is effective upon approval by the governing body of the City of Arden Hills and upon
compliance by the city with Minnesota Statutes, sections 469.1782, subdivision 2, and 645.021,
subdivision 3.
MODIFICATION TO THE DEVELOPMENT PROGRAM
Development District No. 1
City of Arden Hills, Ramsey County, Minnesota
Adopted: June 26, 1989
Modification 1: April 26, 1993
Modification 2: May 27, 1997
Modification 3: December 14, 2009
Modification 4: December 20, 2010
Modification 5: December 16, 2019
Municipal Action Taken
Based upon the statutory authority described in the Development Program attached hereto, the
public purpose findings by the City Council and for the purpose of fulfilling the City's development
objectives as set forth in the Development Program, the City Council has created, established
and designated Development District No. 1 pursuant to and in accordance with the requirements
of Minnesota Statutes, Sections 469.124 through 469.134.
The following municipal action was taken in connection therewith:
June 26. 1989: The Development Program for Development District No. 1 was adopted by the
City Council.
April 26, 1993: The Development Program for Development District No. 1 was modified by the
City Council.
May 27, 1997: The Development Program for Development District No.1 was modified to expand
the boundaries and revise the budget and project costs.
The following municipal action was taken with regard to the Tax Increment Financing District(s)
located within Development District No. 1:
Tax Increment Financing District No. 1 (Economic District - Round Lake Housing):
June 26, 1989: The Tax Increment Financing Plan for Tax Increment Financing District No. 1 was
adopted by the City Council.
May 27, 1997: The Tax Increment Financing Plan for Tax Increment Financing District No. 1 was
modified by the City Council to revise the budget and project costs.
Tax Increment Financing District No. 2 (Redevelopment District Round Lake Office Park):
June 26 1989: The Tax Increment Financing Plan for Tax Increment Financing District No. 2 was
adopted by the City Council.
April 26, 1993: The Modified Development Program for Development District No. 1 was approved
by the City Council.
May 27, 1997: The Tax Increment Financing Plan for Tax Increment Financing District No. 2 was
modified by the City Council to revise the budget and project costs.
The following municipal action was taken with regard to Tax Increment Financing District No. 3
located within Development District No. 1:
Tax Increment Financing District No. 3 (Housing District -Cottage Lifestyles Housing):
April 26, 1993: The Tax Increment Financing Plan for Tax Increment Financing District No. 3 was
adopted by the City Council.
May 27, 1997: The Tax Increment Financing Plan for Tax Increment Financing District No. 3 was
modified by the City Council to revise the budget and project costs.
(AS MODIFIED DECEMBER 14, 2009)
December 14, 2009: The Tax Increment Financing Plan for Tax Increment Financing District No.
3 was modified by the City Council to extend the duration of the district to its statutory maximum
and revise the budget and project costs.
(AS MODIFIED DECEMBER 20, 2010)
December 20, 2010: The Tax Increment Financing Plan for Tax Increment Financing District No.
4 was adopted by the City Council.
(AS MODIFIED DECEMBER 16, 2019)
December 16, 2019: The boundaries of Development District No. 1 were expanded to be
coterminous with the corporate boundaries of the City and the Tax Increment Financing
Plans for Tax Increment Financing District No. 5 (TCAAP) and No. 6 (TCAAP Thumb) were
adopted by the City Council.
(AS MODIFIED MAY 27, 1997)
Article I: Modified Development Program for Development District No.
1
Background
This document was prepared to modify the Development Program that was adopted by the City
Council on June 26, 1989 and modified on April 26, 1993. On June 26, 1989, the City of Arden
Hills, Minnesota adopted a Development Program. The changes herein are intended to
supplement the existing Development Program and modifications on file with the City of Arden
Hills.
Introduction to May 27, 1997 Modifications
The following text represents a modification to the Development Program for Development District
No. 1 (“Development District No. 1"). Generally, the substantive changes include changes to
Development District No. 1 boundaries and budget modifications to the Tax Increment Financing
Plans for Tax Increment Financing Districts Nos. 1, 2, and 3.
For further information, a review of the Development Program for Development District No. 1,
adopted June 26, 1989, and modified on April 26, 1993; the Tax Increment Financing Plans for
Tax Increment Financing Districts Nos. 1 and 2, adopted June 26, 1989, and the Tax Increment
Financing Plan for Tax Increment Financing District No. 3 adopted April 26, 1993, is
recommended. They are available from the City Administrator's office of the City of Arden Hills.
(AS MODIFIED DECEMBER 16, 2019)
For further information, a review of the Development Program for Development District No.
1, as modified over the years and the Tax Increment Financing Plans for the City, is
recommended. They are available from the City Administrator's office of the City of Arden
Hills.
Section 1.1. Definitions.
The terms defined below shall, for purposes of this Development Program, have the meanings
herein specified, unless the context otherwise specifically requires:
"City" means the City of Arden Hills, a municipal corporation and political subdivision of the State
of Minnesota.
"Comprehensive Plan" means the City's Comprehensive Plan which contains the objectives,
policies, standards and programs to guide public and private land use, development,
redevelopment and preservation for all lands and water within the City.
"Council" means the City Council of the City. "County" means the County of Ramsey, Minnesota.
"Development District" means the City's Development District No. 1 as defined in Minnesota
Statutes, Section 469.125, Subdivision 9.
"Development District Act" means the statutory provisions of Minnesota Statutes, Section 469.124
through 469.134, inclusive, as amended and supplemented from time to time.
"Development Program" means the Development Program for the Development District, adopted
by the City Council on June 26, 1989, as defined in Minnesota Statutes, Section 469.125,
Subdivision 5.
"Governing Body" means the City Council of the City.
"Land Use Regulations" means all federal, state and local laws, rules, regulations, ordinances
and plans relating to or governing the use or development of land in the City, including but not
limited to environmental, zoning and building code laws and regulations.
"Project" means Development District No. 1, the public improvements and facilities to be
constructed within Development District No. 1, as more fully described in Section 1.5. of the
Development Program.
"Project Area" means the real property located within the geographic boundaries of Development
District No. 1.
"Public Costs" means the costs eligible to be financed by tax increments under Minnesota
Statutes, Section 469.176, Subdivision 4.
"State" means the State of Minnesota.
"Tax Increment Bonds" means any general obligation or revenue tax increment bonds issued and
to be issued by the City to finance the public costs associated with Development District No. 1 as
stated in the Development Program and in the Tax Increment Financing Plan for each Tax
Increment Financing District within Development District No. 1. The term "Tax Increment Bonds"
shall also include any obligations issued to refund the Tax Increment Bonds.
"Tax Increment Financing District" means any Tax Increment Financing District presently
established or to be established in the future within Development District No. 1.
"Tax Increment Financing Act" means the statutory provisions of Minnesota Statutes, Section
469.174 through 469.179, inclusive, as amended and supplemented from to time.
"Tax Increment Financing Plan" means the respective Tax Increment Financing Plan for each Tax
Increment Financing District located within Development District No. 1.
Section 1.2. Statement and Finding of Public Purpose.
The City Council (the "Council") of the City of Arden Hills, Minnesota (the "City") has determined
there is a need for the City to take certain actions designed to encourage, ensure and facilitate
development and redevelopment by the private sector of underutilized and unused land located
within the corporate limits of the City in order to provide additional employment opportunities for
residents of the City and the surrounding area, to improve the tax base of the City, the County
and Independent School District No. 621 (the "School District") thereby enabling them to better
utilize existing public facilities and provide needed public services, and to improve the general
economy of the City, the County and the State. Specifically, the City has determined that the
property within Development District No. 1 is either underutilized or unused due to a variety of
factors which has resulted in a lack of private investment. As a result, the property is not providing
adequate employment opportunities, and is not contributing to the tax base and general economy
of the City, the School District, the County and the State to its full potential.
Therefore, the City has determined to exercise its authority to develop, implement and finance a
program for improving Development District No. 1 within the City to provide an impetus for private
development and redevelopment, to maintain and increase employment, to utilize existing
potential and to provide other facilities as are outlined in Section 1.4. of the Development Program.
The City has also determined that the proposed development or redevelopment would not occur
solely through private investment in the foreseeable future; that the Tax Increment Financing
Plans proposed herein are consistent with the Development Program; and that the Tax Increment
Financing Plans will afford maximum opportunity consistent with the sound needs of the
municipality as a whole for the development or redevelopment of Development District No. 1 by
private enterprise.
The City finds that the welfare of the City as well as the State of Minnesota requires active
promotion, attraction, encouragement and development of economically sound housing, industry
and commerce to carry out its stated public purpose objectives.
(AS MODIFIED DECEMBER 16, 2019)
The City acknowledges that School District No. 623 is also located within Development
District No. 1.
Section 1.3. Statutory Authority.
The City has determined that is desirable and in the public interest to designate a specific area
within the corporate limits of the City as Development District No. 1 and to establish, develop and
implement a Development Program pursuant to the provisions of Minnesota Statutes, Section
469.124 through 469.134, inclusive, as amended and supplemented from time to time, (the
"Development District Act").
Funding of the necessary activities and improvements in Development District No. 1 shall be
accomplished through tax increment financing in accordance with Minnesota Statutes, Sections
469.174 through 469.179, inclusive, as amended and supplemented from time to time, (the "Tax
Increment Financing Act").
The City has designated a specific area within the corporate limits of the City as Development
District No. 1 as authorized by Minnesota Statutes, Sections 469.124 through 469.134, inclusive,
as amended and supplemented from time to time. Within Development District No. 1, the City
plans to undertake one (1) Redevelopment District and one (1) Economic District as types of Tax
Increment Financing Districts established pursuant to Minnesota Statutes, Section 469.174,
Subdivisions 10, 12.
(AS MODIFIED DECEMBER 16, 2019)
The City established Development District No. 1 pursuant to the Municipal Development
District Act. It is authorized that the City will administer the Development District and any
tax increment financing districts.
Within Development District No. 1, the City plans to create one or more tax increment
financing districts established pursuant to the Tax Increment Act to finance the public
improvements proposed for Development District No. 1. The public improvements may be
initially financed from other City sources, including, but not limited to the use of
improvement bonds issued pursuant to Minnesota Statutes, Chapter 429, which sources
the City may reimburse from tax increment proceeds derived from tax increment districts
to be created within Development District No. 1.
The tax increment district or districts will be created at such time as will enable the City to
capture the increase in taxable value of private improvements to be constructed within
Development District No. 1.
Section 1.4. Statement of Objectives.
The City has determined that the establishment of Development District No. 1 will provide the City
with the ability to achieve certain public purpose goals not otherwise obtainable in the foreseeable
future without City intervention in the normal development or redevelopment process. The public
purpose goals include: restoration and improvement of the tax base and tax revenue generating
capacity of Development District No. 1; increased employment opportunities; realization of
comprehensive planning goals; removal of blighted conditions; revitalization of the property within
Development District No. 1 to create an attractive, comfortable, convenient, and efficient area for
housing, industrial, commercial, and related uses.
The Council seeks to achieve the following Development Program objectives:
1. Promote and secure the prompt development or redevelopment of certain property in
Development District No. 1, which property is not now in productive use or in its highest
and best use, in a manner consistent with the City's Comprehensive Plan and with a
minimum adverse impact on the environment, and thereby promote and secure the
development of other land in the City.
2. Promote and secure additional employment opportunities within Development District No.
1 and the City for residents of the City and the surrounding area, thereby improving living
standards, reducing unemployment and the loss of skilled and unskilled labor and other
human resources in the City.
3. Secure the increase of property subject to taxation by the City, the School District, the
County, and other taxing jurisdictions in order to better enable such entities to pay for
governmental services and programs required to be provided by them.
4. Provide for the financing and construction of public improvements in and adjacent to
Development District No. 1 necessary for the orderly and beneficial development or
redevelopment of Development District No. 1 and adjacent areas of the City.
5. Promote the concentration of new desirable residential, commercial, office, and other
appropriate development or redevelopment in Development District No. 1 so as to
maintain the area in a manner compatible with its accessibility and prominence in the City.
6. Encourage local business expansion, improvement, development or redevelopment
whenever possible.
7. Create a desirable and unique character within Development District No. 1 through quality
land use alternatives and design quality in new and remodeled buildings.
8. Encourage and provide maximum opportunity for private development or redevelopment
of existing areas and structures which are compatible with the Development Program.
9. Provide rental housing for low- and moderate-income individuals and families to increase
housing opportunities within the City, diversify the economic development in, and
encourage orderly and beneficial development of, Development District No. 1
(AS MODIFIED DECEMBER 14, 2009)
10. Provide the impetus for the development and redevelopment of housing by private
enterprise consistent with the goals of the City.
11. To attempt to provide housing consistent with the policies, present and future housing
needs and housing implementation programs of the City.
12. Encourage housing rehabilitation by directing appropriate resources to targeted
neighborhoods.
13. Eliminate land use conflicts as identified in existing City plans.
14. Develop housing opportunities for market segments under-served in the City.
15. Acquire blighted, deteriorated or underutilized property for rehabilitation or clearance and
redevelopment.
Section 1.5. Estimated Public Costs.
The estimated costs of the public improvements to be made within Development District No. 1
and financed by tax increments derived from Tax Increment Financing Districts within
Development District No. 1 are described on the attached Exhibit I-A.
(AS MODIFIED MAY 27, 1997)
The estimated costs of the public improvements to be made within Development District No. 1
and financed by tax increments derived from the Tax Increment Financing Districts within
Development District No. 1 are described on the attached Exhibit I-A and in each Tax Increment
Financing Plan.
(AS MODIFIED DECEMBER 14, 2009)
The Development District budget equals all the budgets of all tax increment financing plans
adopted and any future tax increment financing plans adopted. The current budgets of each tax
increment district is included in the individual plan for the district.
Section 1.6. Environmental Control.
The proposed development or redevelopment in Development District No. 1 does not present
significant environmental concerns. All municipal actions, public improvements and private
development or redevelopment shall be carried out in a manner consistent with existing
environmental standards.
Section 1.7. Administration and Maintenance.
Maintenance and operation of the public improvements will be the responsibility of the City
Administrator who shall also serve as Administrator of Development District No. 1. The powers,
duties and responsibilities of the Administrator are spelled out in the Administrative Guide for the
Administration of the Development Program for Development District No. 1, attached hereto as
Appendix A. Each year the Administrator will submit to the Council the maintenance and operation
budget for the following year.
The Administrator will administer Development District No. 1 pursuant to the provisions of the
Development District Act and the Tax Increment Financing Act; provided, however, that such
powers may only be exercised at the direction of the City. No action taken by the Administrator
pursuant to the above-mentioned powers shall be effective without authorization by the City.
Section 1.8. Rehabilitation.
Owners of properties within Development District No. 1 will be encouraged to rehabilitate their
properties to conform with the applicable state and local codes and ordinances, as well as any
design standards. Owners of properties who purchase property within Development District No.
1 from the City may be required to rehabilitate their properties as a condition of sale of land. The
City will provide such rehabilitation assistance as may be available from federal, state, or local
sources.
A developer or redeveloper may be any person, business, corporation or government unit,
including the City. A developer or redeveloper may initiate a plan and participate with the City in
the development or redevelopment thereof.
Section 1.9. Relocation.
The City accepts its responsibility for providing for relocation, if and when applicable, pursuant to
Minnesota Statutes, Section 469.030.
Section 1.10. Boundaries.
The parcels included within Development District No. 1 are described on the attached Exhibit I-B
and the boundaries of Development District No. 1 are illustrated on Exhibit I-C.
(AS MODIFIED MAY 27, 1997)
This modification of Development District No. 1 is to increase the District boundaries to add a
small area of property between two existing areas of the Development District and to clarify that
the boundaries include all internal and adjacent streets and rights-of-way. The boundaries of
Development District No. 1 are described on the attached Exhibit I-B and illustrated on Exhibit I-
C.
(AS MODIFIED DECEMBER 16, 2019)
This modification of Development District No. 1 is to increase the District boundaries to be
coterminous with the corporate boundaries of the City and is illustrated in Exhibit A.
Section 1.11. Parcels to be Acquired.
Parcels which may be acquired in whole or in part are described on the attached Exhibit I-D.
(AS MODIFIED MAY 27, 1997)
Parcels which may be acquired in whole or in part are described on the attached Exhibit I-D.
(AS MODIFIED DECEMBER 16, 2019)
The City intends to acquire such property, or appropriate interest therein, within
Development District No. 1 as the City may deem to be necessary or desirable to assist in
the implementation of the Development Program.
Exhibit A: Map of Development District No. 1
City of Arden Hills Development District 1
±Development District No. 1
§¨¦35W
£¤10
§¨¦694
The boundaries of Development District
No. 1 are being expanded to be
coterminous with the City's corporate
boundaries.
Expanded boundaries of Development District No. 1
DATE: December 16, 2019
TO: Honorable Mayor and City Councilmembers
FROM: Dave Perrault, City Administrator
SUBJECT: Resolution 2019-048 Approving the Modification to the Development Program
for Development District No. 1 and Establishing Tax Increment Financing
District No. 5: TCAAP within Development District No. 1 and Approving the
Tax Increment Financing Plan
Budgeted Amount: Actual Amount: Funding Source:
N/A N/A N/A
Background
A presentation on this item and supporting material can be found on the item PUBLIC
HEARING 4A. The resolution to approve this item is attached. Stacie Kvilvang will be present
for discussion.
Budget Impact
N/A
Attachment
Attachment A: Resolution 2019-048 Approving the Modification to the Development Program
for Development District No. 1 and Establishing Tax Increment Financing District No. 5:
TCAAP within Development District No. 1 and Approving the Tax Increment Financing Plan
NEW BUSINESS – 5A
MEMORANDUM
1
CITY OF ARDEN HILLS
COUNTY OF RAMSEY
STATE OF MINNESOTA RESOLUTION NO. 2019-048
RESOLUTION APPROVING THE MODIFICATION TO THE
DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO. 1
AND ESTABLISHING TAX INCREMENT FINANCING DISTRICT NO.
5: TCAAP WITHIN DEVELOPMENT DISTRICT NO. 1 AND
APPROVING THE TAX INCREMENT FINANCING PLAN THEREFOR
A. WHEREAS, it has been proposed that the City of Arden Hills, Minnesota (the
"City") (1) modify Development District No. 1 (the "Development District"); (2) modify the
Development Program for the Development District; (3) establish Tax Increment Financing
District No. 5: TCAAP therein (the "TIF District"); and (4) approve and adopt the proposed Tax
Increment Financing Plan therefor under the provisions of Minnesota Laws, 2009, Chapter 88,
Article 5, Section 16 (the "Special Law"), and Minnesota Statutes, Sections 469.174 to 469.1794,
as amended (the "Act"); and
B. WHEREAS, under the Special Law the City has the authority to establish a tax
increment financing district within the TCAAP Boundary Survey dated December 12, 2007, by
W. Brown Land Surveying, Inc., consisting of Parcels 163023210001 and 093023320001 (the
"Project Area"); and
C. WHEREAS, the TIF District is located within the Project Area.
B. WHEREAS, the City Council has investigated the facts and has caused to be
prepared the Modification to the Development Program for the Development District (the
"Development Program Modification"), and has caused to be prepared a proposed tax increment
financing plan for the TIF District therein (the "TIF Plan"); and
C. WHEREAS, the City has performed all actions required by law to be performed
prior to the approval of the modification of the Development District and the establishment of
the TIF District therein, and the adoption of the Modification to the Development Program and
TIF Plan therefor, including, but not limited to, a review of the Planning Commission of the
proposed Development Program Modification, notification of Ramsey County and Independent
School District No. 621 having taxing jurisdiction over the property to be included in the TIF
District, and the holding of a public hearing upon published and mailed notice as required by
law.
2
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Arden
Hills follows:
1. Development District. The City is modifying the boundaries of the Development
District to be coterminous with the corporate boundaries of the City.
2. Development Program Modification. The Modification to the Development
Program for Development District No. 1, a copy of which is on file in the office of the City
Administrator, is adopted.
3. Tax Increment Financing District No. 5: TCAAP. There is hereby established in
the City within the Project Area and the Development District, Tax Increment District No. 5:
TCAAP, a redevelopment tax increment financing district, the initial boundaries of which are
fixed and determined as described in the TIF Plan.
4. Tax Increment Financing Plan. The TIF Plan is adopted as the tax increment
financing plan for the TIF District, and the City Council makes the following findings:
(a) The TIF District is a redevelopment district as defined in Minnesota
Statutes, Section 469.174, Subd. 10, and in accordance with the Special Law, the TIF
District is a redevelopment district and deemed to meet all the requirements of Minnesota
Statutes, Section 469.174, Subd. 10, the specific basis for such determination is set forth
in Appendix C of the TIF Plan.
(b) The proposed development, in the opinion of the City, would not
reasonably be expected to occur solely through private investment within the reasonably
foreseeable future. The reasons for such determination are set forth in Appendix C of the
TIF Plan.
(c) The TIF Plan for the TIF District conforms to the general plan for
development or redevelopment of the City as a whole. The reasons for supporting this
finding are set forth in Appendix C of the TIF Plan.
(d) The TIF Plan will afford maximum opportunity, consistent with the sound
needs of the City as a whole, for the development or redevelopment of the Development
District by private enterprise. The reasons supporting this finding are set forth in
Appendix C of the TIF Plan.
(e) Appendix C of the TIF Plan is incorporated herein by reference.
5. Public Purpose. The adoption of the TIF Plan for the TIF District within the
Development District conforms in all respects to the requirements of the Act and will help fulfill
a need to develop an area of the State which is already built up to provide employment
opportunities and provide safe, decent, sanitary housing for residents of the City, to improve the
tax base and to improve the general economy of the State and thereby serves a public purpose.
6. Certification. The Auditor of Ramsey County is requested to certify the original
net tax capacity of the TIF District as described in TIF Plan, and to certify in each year thereafter
3
the amount by which the original net tax capacity has increased or decreased in accordance with
the Act; and the City Administrator is authorized and directed to forthwith transmit this request
to the County Auditor in such form and content as the Auditor may specify, together with a list
of all properties within the TIF District for which building permits have been issued during the
18 months immediately preceding the adoption of this Resolution.
7. Filing. The City Administrator is further authorized and directed to file a copy of
the Modification and TIF Plan for the TIF District with the Commissioner of Revenue and the
Office of the State Auditor.
8. Administration. The administration of the Development District is assigned to the
City Administrator who shall from time to time be granted such powers and duties pursuant to
Minnesota Statutes, Sections 469.130 and 469.131 as the City Council may deem appropriate.
9. Interfund Loan. The City has determined that it may pay for certain costs (the
"Qualified Costs") identified in the TIF Plan which costs may be financed on a temporary basis
from the City's general fund or any other fund from which such advances may be legally made
(the "Fund"). Under Minnesota Statutes, Section 469.178, Subd. 7, the City is authorized to
advance or loan money from the Fund in order to finance the Qualified Costs. The City intends
to reimburse itself for the payment of the Qualified Costs, plus interest thereon, from tax
increments derived from the TIF District in accordance with the following terms (which terms
are referred to collectively as the "Interfund Loan"):
(a) The City shall repay to the Fund from which the Qualified Costs are
initially paid, the principal amount of $100,000 (or, if less, the amount actually paid from
such fund) together with interest at 5.00% per annum (which is not more than the greater
of (i) the rate specified under Minnesota Statutes, Section 270C.40, or (ii) the rate
specified under Minnesota Statutes, Section 549.09) from the date of the payment.
(b) Principal and interest on the Interfund Loan ("Payments") shall be paid
annually on each December 31 commencing with the date the tax increments from the
TIF District are available and not otherwise pledged to and including the earlier of (a) the
date the principal and accrued interest of the Interfund Loan is paid in full, or (b) the date
of last receipt of tax increment from the TIF District ("Payment Dates") which Payments
will be made in the amount and only to the extent of available tax increments. Payments
shall be applied first to accrued interest, and then to unpaid principal.
(c) Payments on the Interfund Loan are payable solely from the tax increment
generated in the preceding twelve (12) months with respect to the TIF District and
remitted to the City by Ramsey County, all in accordance with Minnesota Statutes,
Sections 469.174 to 469.1794, as amended. Payments on this Interfund Loan are
subordinate to any outstanding or future bonds, notes or contracts secured in whole or in
part with tax increment, and are on parity with any other outstanding or future interfund
loans secured in whole or in part with tax increments.
(d) The principal sum and all accrued interest payable under this Interfund
Loan are pre-payable in whole or in part at any time by the City without premium or
4
penalty. No partial prepayment shall affect the amount or timing of any other regular
payment otherwise required to be made under this Interfund Loan.
(e) The Interfund Loan is evidence of an internal borrowing by the City in
accordance with Minnesota Statutes, Section 469.178, Subd. 7, and is a limited obligation
payable solely from tax increment pledged to the payment hereof under this resolution.
The Interfund Loan and the interest hereon shall not be deemed to constitute a general
obligation of the State of Minnesota or any political subdivision thereof, including,
without limitation, the City. Neither the State of Minnesota, nor any political subdivision
thereof shall be obligated to pay the principal of or interest on the Interfund Loan or other
costs incident hereto except out of tax increment, and neither the full faith and credit nor
the taxing power of the State of Minnesota or any political subdivision thereof is pledged
to the payment of the principal of or interest on the Interfund Loan or other costs incident
hereto. The City shall have no obligation to pay any principal amount of the Interfund
Loan or accrued interest thereon, which may remain unpaid after the termination of the
TIF District.
(f) The City may amend the terms of the Interfund Loan at any time by
resolution of the City Council, including a determination to forgive the outstanding
principal amount and accrued interest to the extent permissible under law.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS
THIS 16th DAY OF DECEMBER, 2019.
________________________________
Mayor
Attest: ______________________________
City Administrator