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Home My WebLink About12-16-24-SRMayor: Address: David Grant 1245 W Highway 96 Arden Hills MN 55112 Councilmembers: --A EN HILLS Phone: Brenda Holden 651-792-7800 Emily Rousseau Special City Council Agenda Tena Monson December 16, 2024 Website: Tom Fabel Immediately Following Work www•cityofardenhills.org Session City Hall 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. Members of the public may attend a meeting in -person at City Hall or they may view the meeting remotely on the City's website using the below link. Meetings are also broadcast on Cable Channel 16 for those that live in Arden Hills. https://cityofardenhills.org/320/Watch- City-Meetings This meeting will be streamed live on local Cable Channel 16 and available for playback on our website. CALL TO ORDER 1. APPROVAL OF AGENDA 2. PUBLIC INQUIRIES/INFORMATIONAL This is an opportunity for citizens to respectfully bring to the Council's attention any items which are relevant to the City. In addressing the Council, you must first state your name and address for the record. Comments shall be limited to three (3) minutes or less. Written documents or other materials should be handed to the City Clerk for distribution to the Council prior to or during the meeting. Council will generally not respond at the same meeting where an issue is initially raised by a member of the public but the Council may refer the issue to staff for further research and possible report or action at a future Council meeting. 3. RESPONSE TO PUBLIC INQUIRIES 4. APPROVAL OF MINUTES 4.A. November 25, 2024 City Council Work Session Documents: 11-25-24-WS.PDF 4.B. November 25, 2024 Regular City Council Documents: 11-25-24-R.PDF 5. 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. 5.A. Motion To Approve 2025-2027 Collective Bargaining Agreement - IUOE 49 Jessica Jagoe, Interim City Administrator Documents: MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF 5.B. Motion To Approve Appointment Of Joint Development Authority (JDA) Chair (2025- 2026) Julie Hanson, Assistant to the City Administrator/City Clerk Documents: MEMO.PDF 5.C. Motion To Approve Cummings Park Pavilion Roof Replacement David Swearingen, Public Works Director/City Engineer Documents: MEMO.PDF ATTACHMENT A.PDF 6. 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. 7. COUNCIL/STAFF COMMENTS ADJOURN M� -ARDEN HILLS Approved: December 16, 2024 [DRAFT-.-, CITY OF ARDEN HILLS, MINNESOTA CITY COUNCIL WORK SESSION NOVEMBER 25, 2024 5:30 P.M. - ARDEN HILLS CITY COUNCIL CHAMBERS CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Mayor David Grant called to order the City Council Work Session at 5:30 p.m. Present: Mayor David Grant, Councilmembers Tom Fabel and Emily Rousseau. Brenda Holden (5:33) Absent: Tena Monson (Excused) Also present: Interim City Administrator Jessica Jagoe; Public Works Director/City Engineer David Swearingen; Finance Director Joua Yang and Assistant to the City Administrator/City Clerk Julie Hanson 1. PUBLIC INQUIRIES/INFORMATIONAL None. 2. RESPONSE TO PUBLIC INQUIRIES None. 3. AGENDA ITEMS A. 2025 Fee Schedule Follow-up Discussion Assistant to the City Administrator/City Clerk Hanson said she updated the draft Fee Schedule. The main addition is the Adult Cannabis Registration. Council should determine what the fee will be for the registration and should discuss what the violation fees will be. There is a cap in statute but the City can set it at any amount, up to that cap. She outlined that Consultant Planner Hofer will discuss the zoning component later in the evening. Assistant to the City Administrator/City Clerk Hanson shared some background on pet licenses. She shared the revenue for the last 12 years. ARDEN HILLS CITY COUNCIL WORK SESSION — NOVEMBER 25, 2024 2 Councilmember Rousseau noted the penalty for violation for tobacco sales was outlined and she wondered what the penalty was for serving alcohol to a minor. Assistant to the City Administrator/City Clerk Hanson pointed to the section of the Fee Schedule that outlines penalties. It depends on if a person has had server training, or not. They are set depending on the number of violations. Councilmember Rousseau is surprised that the violation for minor consumption of alcohol is smaller than the charge for a tobacco sale violation. Assistant to the City Administrator/City Clerk Hanson said Council can revisit those topics. She doesn't know what the statutory minimums are and would have to do some research. Councilmember Rousseau would be interested in looking at increasing that penalty amount for alcohol. Councilmember Holden said there have not been many violations but with the event center coming, it might be a good time to revisit that topic. Assistant to the City Administrator/City Clerk Hanson said she can remember only two violations in the nine years she has been with the City. She asked for direction on what to research. Councilmember Rousseau said she would just prefer to move the penalty amount up to equal what a tobacco violation would be. Mayor Grant would be fine with that. He thinks the penalty for cannabis should be stiffer, too. A lot of places scan drivers licenses now. But in a restaurant setting when a server is serving multiple tables, it can become more of an issue. Assistant to the City Administrator/City Clerk Hanson asked if Council wants her to just raise the amounts as allowed by statute to mirror the tobacco violation penalty. She pointed to the pages in the Fee Schedule that outline the violation amounts. Councilmember Rousseau would like to keep the amount "with the training" similar to where it is. Mayor Grant outlined that if they do the training, they get off easier. But if they don't do the training it will be increased. Councilmember Rousseau said hopefully they would want to do the training. Councilmember Holden said if a server has had the training, there should be no violations. The first violation, without training is $1,000. She thinks the penalty for a first violation with training should be at least $500, rather than $100. Discussion ensued regarding the penalty amount when a server has been trained and when they haven't. ARDEN HILLS CITY COUNCIL WORK SESSION — NOVEMBER 25, 2024 3 Assistant to the City Administrator/City Clerk Hanson will change the fees as discussed. Councilmember Fabel said we seem to be in the minority of cities who charge a pet license fee. He wonders if there were no fee, would licensure increase? He asked how licensure serve the public interest. He thought more residents may license their pets if there were no fee attached to it. He doesn't have a strong feeling about this topic. He wondered if we have a problem with unlicensed animals. Councilmember Holden said she wouldn't bother to come in and get a license. She is surprised how many dangerous dogs there are. Assistant to the City Administrator/City Clerk Hanson said we just got a report of a dangerous dog last week and that pet was not licensed. She said that some cities have gone to a lifetime license for pets. Most of them said the reason is so many pets are microchipped now. In the past, licensing was the means to find an animal's owner. Councilmember Holden said there are cities that say you must have a city license in order to use a dog park. We don't want our dogs running around with other pets who may have been exposed to something or who are unvaccinated. Councilmember Rousseau said she just doesn't think people are using this. We have 28 cat licenses and 96 dog licenses. There are more than 28 cats and 96 dogs in the City. She doesn't know what the administrative cost is to monitor these licenses. She keeps a photo of her dog's rabies vaccine on her phone. If a resident ran into the situation where they were asked to show their City license, they could say their city doesn't license pets but have the necessary records available if questioned. Councilmember Holden asked how much we pay for the Animal Control Officer. Assistant to the City Administrator/City Clerk Hanson wasn't sure. She said the license fee is $30 for two years. Councilmember Holden said the license fees we do receive offset the cost of the Animal Control Officer. Councilmember Fabel said a lifetime license makes sense to him. Councilmember Rousseau still doesn't see the purpose of having this. She asked how many people will want to put a collar on their indoor cat. She thinks the bigger issue is that people should not be letting their cats outside. She doesn't think pet licenses are relevant anymore. Finance Director Yang said the budgeted cost of the Animal Control Contract is approximately $3,000 annually. The prior year spend was $2,160. Mayor Grant said it must depend on the number of dogs he picks up and if they need to be held. He said there are certainly more dogs in the city than there are licenses. ARDEN HILLS CITY COUNCIL WORK SESSION — NOVEMBER 25, 2024 4 Councilmember Holden said there are dogs and cats running free in her neighborhood all the time. Mayor Grant said if someone is bit, if the owner has licensed them, then you can be certain they have had their shots. Councilmember Rousseau said it is unlikely we'll be bit by one of the 28 licensed cats. This process is not being utilized by cat owners. Councilmember Holden would support a lifetime license. Assistant to the City Administrator/City Clerk Hanson said there were more cities that didn't license cats. She thinks the primary users of the cat license are the Bethel students. Bethel knows it's in our ordinance so they require their students to obtain a license. Mayor Grant asked if Councilmember Holden is in support of lifetime licenses. Councilmember Holden asked if there is a distinction between cats or dogs. Councilmember Fabel said they are both in the ordinance now. He thinks dogs are the greater issue, in terms of safety. Mayor Grant asked what the proposed fee for a lifetime license of an animal would be. Councilmember Fabel thought $50. Mayor Grant agreed. Mayor Grant asked what else needs to be discussed on the Fee Schedule. Assistant to the City Administrator/City Clerk Hanson said cannabis. She pointed out the options. She said everyone is just starting to have this conversation so it will be interesting to see where surrounding cities land. She reminded this is a cannabis registration, not a license. The Office of Cannabis Management (OCM) issues the license. Mayor Grant read the guideline that we could charge up to half the fee charged by OCM. He's fine with that. Councilmember Rousseau asked if we had to include a cannabis event. She doesn't envision insurance covering an event like that. Assistant to the City Administrator/City Clerk Hanson said that was in the discussion with the City Attorney. We do have to allow those types of events. Council has some leeway. She said we can't exclude them but can add reasonable conditions to them. Council can reduce the number of days for an event and/or restrict or prohibit on -site consumption in order to protect the public health and general welfare. There would be an event permit. Councilmember Rousseau would be interested in requiring on -site insurance. She thinks limiting it to one day and indoors, is okay for now. Later on, it can be opened up. ARDEN HILLS CITY COUNCIL WORK SESSION — NOVEMBER 25, 2024 5 Mayor Grant asked about the Fee Schedule for violations. He outlined first violation is $1,000, second is $2,000 plus 3-day license suspension, third would be $2,000 plus 7-day license suspension and fourth violation within 36 months would be revocation of the registration. Councilmember Rousseau said that sounds like it's similarly structured to what was discussed earlier for alcohol and tobacco sales. Councilmember Holden asked why these businesses are subject to being shut down for a violation, but alcohol/tobacco sellers are not. Interim City Administrator Jagoe said Council was looking at tobacco. She pointed to where the cannabis registration information could be found. Councilmember Holden asked if this says we will shut down a business. Interim City Administrator Jagoe said that is the tobacco piece and it is different. Councilmember Holden asked if we would shut down a retailer after a second tobacco violation. Mayor Grant said within 36 months, yes. Assistant to the City Administrator/City Clerk Hanson said the business wouldn't be shut down, their tobacco license would be pulled so only tobacco sales effected. Mayor Grant said he is okay if it is the same for cannabis. Assistant to the City Administrator/City Clerk Hanson said she doesn't know if we can do a tiered table, like liquor and tobacco. She would want to verify. Mayor Grant said if the OCM says a first violation is $2,000, we can't have the fee lower than that. Assistant to the City Administrator/City Clerk Hanson confirmed, up to $2,000. Mayor Grant said OCM doesn't say anything about a second violation. Assistant to the City Administrator/City Clerk Hanson said it states, "shall incur a penalty of up to $2,000 for each violation". Councilmember Rousseau thought the first violation could be $1,000. Assistant to the City Administrator/City Clerk Hanson said the City Attorney stated a lot of cities are starting at $1,000 and see how it goes. Councilmember Holden said it makes sense to structure it the same as the others. Assistant to the City Administrator/City Clerk Hanson asked for direction on the initial registration fee and the renewal fee. ARDEN HILLS CITY COUNCIL WORK SESSION — NOVEMBER 25, 2024 6 Mayor Grant said this is all brand new. Staff has suggested $500 for the initial fee and $1,000 for registration renewal. He is okay with that. Councilmember Holden agreed; saying we can change it in a month if we learn something new. Mayor Grant agreed. He said the OCM is still working through issues. Councilmember Rousseau is fine with that. She wanted to ask about the prohibited acts. She thought some of this is going to be constantly changing. She would like a link to the statute. Assistant to the City Administrator/City Clerk Hanson shared it isn't even known who will do the compliance checks yet. Katie from the Non -Smoker group said they could do those compliance checks in conjunction with the Ramsey County Sheriff's Office. It is not something they would typically do. Katie took a poll and we have replied that we would do that. She may have some guidance for us, as all of this develops. Mayor Grant asked if the Code Amendment discussion is during the Council meeting. Interim City Administrator said the Work Session discussion is for cannabis registration. There will be a Public Hearing at the City Council Meeting for the zoning ordinance. The draft language for the registration should be discussed tonight as that is in Chapter 3. Mayor Grant said he didn't have any problem with how it is written now, knowing it can be changed, if needed. Councilmember Fabel asked about the $30 license for a chicken. He doesn't think we should be licensing chickens. Councilmember Holden wants to keep the license for a chicken. If the someone had chickens, they should have to have approval. When we did the survey 50% of responding residents want them. If you live next to someone with chickens, we need to have a handle on it. Councilmember Fabel said he could support registration for an address, but not individual birds. Mayor Grant said it is not intended to license individual birds. Interim City Administrator Jagoe said this licenses the individual that has the chickens. Assistant to the City Administrator/City Clerk Hanson said it is to license the keeping of birds. Councilmember Rousseau would like to review the chicken ordinance, at some point. B. Adult Cannabis Registration and Chapter 3 City Code Amendments Councilmember Holden asked about medical use. ARDEN HILLS CITY COUNCIL WORK SESSION — NOVEMBER 25, 2024 7 Assistant to the City Administrator/City Clerk Hanson said the medical marijuana program is run by the State. It is governed separately than adult use cannabis. She recapped the information from the previous discussion. She will include the insurance requirement to cover a cannabis event. She will also include that a cannabis event can be one day only and must be held indoors. She will create a physical application for a cannabis event. It is different than the Miscellaneous Permit which would cover Night to Unite, a 5K run and other such events. She will also link statutes, as suggested. Councilmember Holden said we don't allow tobacco smoking in parks. Will cannabis be allowed? Assistant to the City Administrator/City Clerk Hanson noted where it states that no cannabis event will be permitted on public property or a public park. Councilmember Rousseau thought the smoking prohibition included smoking, vaping and any other similar device. Assistant to the City Administrator/City Clerk Hanson confirmed. She said that was changed last fall. Signage was changed in the parks to reflect that all types of smoking is prohibited. Mayor Grant pointed to the portion of the ordinance that discussed violation penalty amounts. Assistant to the City Administrator/City Clerk Hanson will update that to include the amounts discussed earlier during the Fee Schedule conversation. Councilmember Holden asked if the Sheriff has discussed how he will enforce any of this. Interim City Administrator Jagoe has not heard anything about enforcement or driver impairment testing. She will follow up during the next meeting. Assistant to the City Administrator/City Clerk Hanson asked if Council wants a fee associated with a cannabis event. She said there is no fee for Night to Unite or a 5K Run. A sidewalk sale is $30. Councilmember Holden asked if the Event Center will be allowed to have an event there. She thinks there should be a fee. Councilmember Rousseau would like a fee, as well, just to cover administrative costs. She wondered how long it would take Staff to process an event application like this. Assistant to the City Administrator/City Clerk Hanson it will depend on how complete the application is. Councilmember Rousseau thinks starting at $50 for an event makes sense as it will take a little longer at first. Councilmember Holden was thinking $250, but she would be okay with going to $100. Councilmember Rousseau is okay with $100. ARDEN HILLS CITY COUNCIL WORK SESSION — NOVEMBER 25, 2024 8 Assistant to the City Administrator/City Clerk Hanson said she can keep an eye on what other communities are doing and she can bring it back later if Council wants to make changes later. C. 2025 PTRC Work Plan Discussion Committee Members of the Parks, Trails and Recreation Committee (PTRC) Chair Jill Anderson and Committee Member Kate Olson began their presentation. PTRC Chair Anderson started with a recap of 2024. She provided a list showing the items that have been implemented or are moving forward. The PTRC did see some improvement with project management with the addition of sub -committees. Committee members who specialized in certain areas joined sub -committees and focused their attention on smaller pieces. PTRC advocated for park door locks and she heard they were installed. Mayor Grant thought only Perry Park received door locks. PTRC Chair Anderson confirmed. She noted the PTRC members spent time communicating with community members and requesting feedback, specifically as it relates to Arden Oaks and Freeway Park. PTRC partnered with the Lions Club to host a free city-wide event. PTRC secured a hot dog stand for the Touch A Truck event. PTRC Chair Anderson said that Committee Member Seemann hosted some educational events. Mayor Grant asked if PTRC purchased a hot dog stand. PTRC Chair Anderson said they coordinated the stand as a way to enhance the City event. The Committee accomplished getting Great River Greening on contract. Members continue to work on Chatham and Great River Greening for habitat restoration. Councilmember Holden said she has spoken to some residents about Arden Oaks who didn't fill out the survey. They thought when they talked to PTRC members, their information would be passed along. She thinks it undermines the survey when there is confusion regarding how information is being collected. PTRC Chair Anderson agrees. There have been advocacy by the PTRC to try to streamline the process and make it easier for residents to provide that type of feedback. She appreciated learning that and they will be aware of it with future resident contact. Councilmember Holden thought it is important to tell them to complete the survey, in addition to any conversation with Committee Members. PTRC Chair Anderson thinks the purpose of them asking was so when they provided their feedback and recommendations, they were reflecting what the neighborhood wanted. Councilmember Rousseau said that is the first she's heard about confusion surrounding PTRC outreach. The consultant said there were good response rates and some very good conversations. ARDEN HILLS CITY COUNCIL WORK SESSION — NOVEMBER 25, 2024 9 PTRC Chair Anderson said members did a better job of attending the planning meetings and that was helpful. She said Committee Member Loosbrock has done a lot of work relating to volunteer coordination. She helped with the Easter Egg Hunt, the Crepeau Nature Reserve, Cummings, the Flashlight Pumpkin Hunt, Floral and Hazelnut Parks. There was a coordinated project with the Eagle Scouts at Sampson. A relationship was established with the Arden Hills and Shoreview Rotary. PTRC hopes to continue collaborating with those organizations and are exploring an Adopt -A -Park program. There will be a pilot program where the Rotary will adopt Floral Park. Councilmember Rousseau noted some items on the list that may be other opportunities the Rotary may be interested in for the Adopt -A -Park. She thought that the PTRC should review and update their charter to outline that the committee will seek grants where applicable. PTRC Chair Anderson said one of the 2025 goals is to create a handbook to include processes and procedures. It will also include a welcome packet for new members. It will be a time- consuming project. Councilmember Holden said bigger cities like Minneapolis and St. Paul have a parks board. The PTRC serves voluntarily. She said the PTRC needs to keep in mind how much work it will cost the City when they are making goals. PTRC Chair Anderson said the PTRC would be far more effective and have a much better understanding of their role with a Parks Master Plan. Councilmember Holden asked if they have seen the Master Plan that we have now. PTRC Chair Anderson said they have looked at the Master Plan from 2000. Councilmember Holden said everything is laid out in that plan. PTRC Chair Anderson said a lot of things have changed since that was developed. Councilmember Holden agreed it may have changed some, but the trails and things are all in there. Committee Member Olson said a lot of things have changed. Councilmember Holden said as far as the trails go, it outlines every square foot and what the costs were. Committee Member Olson said the costs would be irrelevant in 2024. Councilmember Holden said she doesn't want them to waste time looking for trail segments that are missing because it's already in that manual. She said she doesn't want them to reinvent the wheel when that manual has information in it. Committee Member Olson asked for clarification if Councilmember Holden is saying it is still relevant or if it is not relevant. ARDEN HILLS CITY COUNCIL WORK SESSION — NOVEMBER 25, 2024 10 Councilmember Holden said it is relevant. The trails parts are there. Mayor Grant said in 2002 there was either a trail there, or there was not a trail there. The segments that needed to be added were identified. Today they are either completed or not completed. PTRC Chair Anderson said they can bring that to the PTRC. She thinks the Master Plan was a piece of it. She thought a new Master Plan would allow more forward thinking. It would help them know what is relevant as opposed to coming up with one -offs that they bring to Council because it sounds like a good idea but then they find out there's no budget for it or there is no staff available to help implement those things. She said, of course, they can move forward without a Master Parks Plan, but she believes they will be more effective and their recommendations will be more helpful to Council. Mayor Grant asked what her definition of effective is. PTRC Chair Anderson thinks the biggest issue is when new members come in. Things that inspire people to join this group are usually specific. It would be helpful to keep the group focused and be more effective in making recommendations to Council. There would be a road map and they would know what's up ahead for Council and things they are going to be addressing. She said PTRC could have been more proactive in regard to Arden Oaks and Freeway Parks. They can come up with a wish list but it's probably not very realistic. Mayor Grant said he is hearing her say that it helps PTRC be more focused. PTRC Chair Anderson agreed. Committee Member Olson said PTRC are all volunteers who live in Arden Hills and are looking for ways to give back. They come with some good ideas but they aren't educated about how to implement them. They can give recommendations and opinions, but having a Master Plan that we can all work towards feels like it would be much more effective. Councilmember Holden thinks a piece that is getting missed is the recreational part. She would like PTRC to look at some of the programs. She thought a Father/Daughter or Mother/Son dance. The recreational components never get looked at. PTRC Chair Anderson said the two things with the recreation piece are staff and funding. There are PTRC members that want to focus on community events. They are passionate about increasing community involvement. It's hard to plan those things when we don't have a sense of what's reasonable from a budget or staffing standpoint. Committee Member Olson said there isn't a large public place to have a big group of people due to parking deficits. It is a design of the parks from a long time ago. As a resident of Arden Hills she gets brochures from surrounding cities. PTRC are evaluating what the surrounding communities have and trying to build those types of programs here, but there is zero budget. They are hoping to involve businesses in the Parks Passport program to supply prizes. It would bring different people to look around the neighborhoods and discover something new and different. ARDEN HILLS CITY COUNCIL WORK SESSION — NOVEMBER 25, 2024 11 Councilmember Holden said the Community Room at City Hall holds 75 people. In the summer, there could be recreational activities at Perry Park pavilion. She feels the recreation piece is missing. She would like to see PTRC make more recommendations on the recreational stuff. PTRC Chair Anderson said having Recreation Supervisor Johnson on the PTRC is helpful but that is his role. It doesn't feel like PTRC should be instructing him on what programs to offer. Councilmember Holden said it isn't instructing but give him some ideas and he can determine if we can implement those things. Committee Member Olson said it has been difficult to keep the summer programming that is in place due to staffing. PTRC Chair Anderson said her impression has been that staffing has been an issue. PTRC doesn't want to come to Council and suggest a bunch of things if there won't be staff to implement them. Councilmember Holden said she thought she read in the minutes that some summer programs were canceled because people quit. She asked the person who oversees that, and they said that was not true. PTRC Chair Anderson said her understanding was that it was staffing that caused the cancellation of programs. Councilmember Rousseau thought it was just one morning or afternoon program that was cancelled. That was two summers ago. Councilmember Holden said she asked Public Works Director/City Engineer Swearingen and he said that was not happening. Public Works Director/City Engineer Swearingen said he doesn't recall any issue this year, but he does recall the issue a couple years ago. PTRC Chair Anderson said they are really interested in continuing to broaden the current events and find opportunities to have great new events. Councilmember Rousseau said we are partnering more with Mounds View where they are sending out information regarding recreation programs to both cities. Mounds View does have a Community Center that could be another opportunity. She doesn't think Mounds View Parks and Rec is very recreation oriented. Councilmember Holden said we can piggyback with Roseville on a lot of stuff because a lot of residents live much closer to Roseville than Shoreview, Mounds View or New Brighton. PTRC Chair Anderson asked if she was suggesting partnering will all of the surrounding cities. Councilmember Holden confirmed. It's an opportunity. They have a Community Center and a pool. ARDEN HILLS CITY COUNCIL WORK SESSION — NOVEMBER 25, 2024 12 PTRC Chair Anderson noted some other items on the list that PTRC would like to see the City focus on. Residents have said they would like to see some focus on Freeway Park, particularly the upper part. The Cummings invasive species removal is an ongoing project. The PTRC thinks there could be better communication regarding Lindy's roundabout. It might be helpful to educate residents about what the status is there. Mayor Grant asked if she is talking about the park or the actual roundabout. PTRC Chair Anderson said both. Mayor Grant said he has gotten a lot of feedback about the roundabout and that it doesn't look pretty. PTRC Chair Anderson agreed. The PTRC is aware that there are people who have complained, but it is still new and the plantings aren't established. Mayor Grant said it belongs to the County, not the City. Committee Member Olson said there isn't signage, nor would it be appropriate to have signage, stating it's a County project. That is where the education piece would come in. Councilmember Holden asked if they would update the list to separate the roundabout and the park. They are two different things. PTRC Chair Anderson said the issue for PTRC is educating the residents about why it isn't in Arden Hills' best interest to do something about that. Councilmember Holden said that kids had a great time at Lindy Park the last couple years, riding their bikes on the dirt piles. Public Works Director/City Engineer Swearingen said it wouldn't be that expensive to install something like that. PTRC Chair Anderson said they will look at the prior Master Plan. They will continue the invasive species initiatives with Great River Greening, primarily. They hope to create suggested guidelines for planting on areas encroaching on City property. That has begun but she thinks that will need some more discussion. Councilmember Holden said for that one, it isn't just the plantings that are encroaching on City land. Some people are building brick walls there. She said maybe the answer is something that is solid vs. something that is removable. She read the minutes that a friend of a councilmember filed a complaint. The woman sent a note to the entire Council. They were walking their dogs every day. We got 4 letters over the past couple of years. The encroachment was set to be taken out. PTRC Chair Anderson said the PTRC discussion was much broader than just that one example. PTRC is interested in assisting Council in coming up with code. It would be helpful to have some clarity about what is being requested. It's hard for the group, as laypeople. They don't know why someone is putting a firepit on City property. Councilmember Rousseau said she thinks PTRC got stuck on this. She said discussion around whether or not you can take a chainsaw or lawn mower to remove it. Taking down a tree would ARDEN HILLS CITY COUNCIL WORK SESSION — NOVEMBER 25, 2024 13 be more challenging that that. PTRC didn't want to get involved in the physical building encroachments. It would not be her preference to have PTRC make those decisions. She would rather apply a policy throughout the city that says you can't put fences in these spaces and if a resident plants trees or a garden there, the risk is that Public Works can remove it at any time. She said Committee Member Seemann had the idea of Adopt -A -Spot program where a resident may have a spot in their yard that they maintain and have an informal process where someone says they want to plant a tree in the space they are taking care of. She is still researching how that might work. Minnetonka has a similar program. If there is creeping Charlie coming on their lawn from a City property maybe they clean up that space in the park, as well as their own yard. Councilmember Holden asked if we still have a program where you can buy trees and plant them in the City. Public Works Director/City Engineer Swearingen said no. That was ran through Ramsey County. He doesn't think we utilized it. Councilmember Holden thought we were running out of places to plant the trees. People wanted them in a certain park but they would never mature. Mayor Grant asked if Council had any questions or comments for the PTRC members. Councilmember Fabel thanked them for their volunteer work. Councilmember Holden noted an item that states PTRC would like to encourage the City to prioritize removing invasive species. She stated we hire correctional folks and we have a contract with Great River Greening. She wondered what else PTRC would like to see. PTRC Chair Anderson didn't think there was anything specific. Mayor Grant thanked them for the information. Councilmember Rousseau asked if they have enough information to continue working on the encroachment part. PTRC Chair Anderson said planting a tree is a good example. PTRC isn't clear if Council is wanting them to create a list of what could be planted there. That will depend so much on location. Then what about everyone that already has an encroachment. Do you grandfather them in? She feels that's a conversation and decision Council should make. Committee Member Olson said the more direction Council can give, the better. Councilmember Holden said the problem with the example encroachment was the gentleman was making his yard bigger. PTRC Chair Anderson didn't know the specifics of that situation. D. Rice Creek Commons/TCAAP Discussion This item was not discussed. ARDEN HILLS CITY COUNCIL WORK SESSION — NOVEMBER 25, 2024 14 E. Agenda Planning Mayor Grant said Staff has outlined some items. He asked if Council had concerns or changes for the list. Councilmember Rousseau said she would be interested in talking about what we are doing for committee and commission appointments. With a new Councilmember starting she would like to have feedback on what that person wants to work on with the other four members. Mayor Grant said there is a structure for that. Councilmember Rousseau asked what he proposes. Mayor Grant said he would propose there is nothing in City Code. Councilmember Rousseau would like to have a Special Meeting the week of January 6-9 to discuss it. Councilmember Fabel said that makes sense to him, as he doesn't think it makes sense for him to be a part of those discussions. Councilmember Holden asked why there would be a discussion since it's always 3-2 and Mayor Grant and her aren't on any committees or commissions. She wondered if everyone was going to work together now. Mayor Grant said that is a valid point but a new Councilmember is coming on board. He asked Interim City Administrator Jagoe to reach out to Councilmember Elect Weber and ask his thoughts. He is also welcome to join Council on December 9 when that discussion will happen. Councilmember Rousseau would like to have a conversation to talk more about what PTRC might need from a liaison this year. She would like to talk about the North Metro Mayor's Association and why we aren't a part of that. There are other things to discuss besides just appointing liaisons. Mayor Grant said committee and commission appointments is on the December 9 agenda. He asked if she wanted to take it off that agenda. Councilmember Rousseau said if we want to invite Councilmember Elect Weber that would be fine. Councilmember Fabel thinks the item should be removed because it doesn't make any sense for him to take part in that discussion. Councilmember Rousseau said we could use the second meeting in December. Mayor Grant said traditionally there is no second meeting in December. It hasn't been decided if that meeting will take place. ARDEN HILLS CITY COUNCIL WORK SESSION — NOVEMBER 25, 2024 15 Councilmember Rousseau said we can use it as a place holder. Councilmember Holden asked why we wouldn't just do it on the 9th. Councilmember Rousseau didn't know what Councilmember Elect Weber's availability is. Mayor Grant said Interim City Administrator Jagoe can contact him and see what his preferences are. Councilmember Rousseau wants him to be a part of the conversation. Mayor Grant said he can do that too. If he's not available on the 9th. Interim City Administrator Jagoe can let us know what he's interested in. Councilmember Rousseau said that is fine. She asked Interim City Administrator Jagoe to invite him to the 9th and ask availability for that second December date. Councilmember Holden said the second date in December is the day before Christmas Eve. Mayor Grant said traditionally that is cancelled. He said Councilmember Elect Weber will be invited to the 91h and we'll try to get it done. Mayor Grant said January 13th is the State of the City. He asked what the TBD item on the agenda is. Interim City Administrator Jagoe it is still to be determined. Councilmember Rousseau requested Staff to send out the list of agenda items so Council can determine what is priority. Mayor Grant said that could go on the December 91h meeting. Interim City Administrator Jagoe will follow up on that. She said the December 9th work session will have the recycling contract discussion. Mayor Grant asked if there needed to be a discussion about it. Interim City Administrator Jagoe said Staff will bring the three proposals to Council and Staff will bring forth the recommendation. It should be a quick item. Staff will be seeking direction from Council to begin negotiations with the Staff recommended hauler. Mayor Grant said he didn't think Council will go against Staff recommendation. Interim City Administrator Jagoe agreed. She said it will be more of an update on the process. Staff will request Council direction to begin that negotiation with the hauler and the length of the contract either, 3-year or a 5-year contract. Mayor Grant thought it was 5-year. ARDEN HILLS CITY COUNCIL WORK SESSION — NOVEMBER 25, 2024 16 Interim City Administrator Jagoe said Council direction was to seek both. There has been discussion of going to organized collection. The timing could match up going with a 3-year. 4. COUNCIL COMMENTS AND STAFF UPDATES Mayor Grant said over the past two months he has had three opportunities to attend various functions that General Manke has attended. He would like to write a thank you note for his presence and his leadership. The three events were Feed Our Troops, Ribfest and Veterans Day. Senator Amy Klobuchar and Betty McCullom attended two of those events. He would like to send a thank you to them, as well. Councilmember Holden asked if the thank you notes would be from the Mayor, not the City. Mayor Grant confirmed they would be from the Mayor. He wanted Council to be aware he was sending them. ADJOURN Mayor Grant adjourned the City Council Work Session at 6:57 p.m. Jennifer Estling David Grant Deputy Clerk Mayor o -AR�ENHILLS Approved: December 16, 2024 [DRAFT--.,, CITY OF ARDEN HILLS, MINNESOTA REGULAR CITY COUNCIL MEETING NOVEMBER 25, 2024 7:00 P.M. - ARDEN HILLS CITY COUNCIL CHAMBERS CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Mayor David Grant called to order the regular City Council meeting at 7:00 p.m. Present: Mayor David Grant, Councilmembers Tom Fabel, Brenda Holden, and Emily Rousseau Absent: Councilmember Tena Monson (Excused) Also present: Interim City Administrator Jessica Jagoe; Public Works Director/City Engineer David Swearingen; City Attorney Greta Bjerkness; Consultant Planner T.J. Hofer; and Assistant to the City Administrator/City Clerk Julie Hanson PLEDGE OF ALLEGIANCE 1. APPROVAL OF AGENDA Councilmember Holden requested Item 8C be pulled from the Consent Agenda for discussion as Item 9A. MOTION: Mayor Grant moved and Councilmember Holden seconded a motion to approve the meeting agenda as amended. The motion carried (4-0). 2. TCAAP/RICE CREEK COMMONS UPDATE Interim City Administrator Jagoe stated the Joint Development Authority has not met since the last Council meeting, neither have either of the committees. The Ramsey County Board will not be holding a closed meeting in November to review the Purchase and Sale Agreement with Alatus for the California Parcel at Rice Creek Commons. Staff is waiting on an update from County Staff and Alatus as to a date for future scheduling of the County Board's consideration of the PSA terms. County staff is working to schedule a meeting with the Alatus team in December to review the negotiated terms. The next JDA meeting is scheduled for December 2na The City Council held a Special Work Session on November 18'to review the Parks MOU and park amenity needs within Rice Creek Commons. The City's Parks Consultant provided several ARDEN HILLS CITY COUNCIL — NOVEMBER 25, 2024 2 suggestions in terms of the types of equipment and current trends for parks infrastructure for the Council to consider. Another City Council special work session has been scheduled for Monday, December 161h to review the City's 2022 term sheet with Alatus. Councilmember Holden reported the City was overbudget with Ehlers in 2024 and much of this was due to TCAAP. She questioned why the City was paying for Ehlers expenditures for the horizontal build out for this development. Interim City Administrator Jagoe commented she would discuss this with County staff and would further review the JPA language regarding this matter. 3. PUBLIC INQUIRIES/INFORMATIONAL Ben Lindau, 3288 Katie Lane, explained he was recently appointed as an alternate to the Planning Commission by the City Council. He discussed how the JDA wanted to have TCAAP be an all -electric carbon free development. He reported he was an architect that has worked on all electric, zero carbon developments. He stated he wanted to give his opinion on this type of development for TCAAP. He explained he initially had concerns about this, but with an energy consultant, Evergreen and LHB on board, as well as the experience Alatus had with constructing all electric buildings, he supported this initiative. He commented further on how he was looking forward to the future amenities that would be available to Arden Hills residents within this development. 4. RESPONSE TO PUBLIC INQUIRIES None. 5. PUBLIC PRESENTATIONS A. Senator Update Senator John Marty addressed the City Council and commented on the upcoming legislative session. He hoped the trail for Highway 10 would make progress. He reported 2025 would be a budget year and noted the preliminary numbers were coming in okay. He thanked the Council for their continued support and stated he looked forward to seeing Rice Creek Commons moving forward. B. State Representative Update State Representative Kelly Moller addressed the Council and stated she was happy to be back in front of the City Council. She explained she enjoys working on bills with constituents. She indicated she was heavily involved in addressing public safety issues along with student mental health. She discussed how the upcoming session may be challenging as federal dollars may be stripped from the State. Councilmember Holden thanked Senator Marty and Representative Moller for all of their efforts on behalf of the community. She encouraged both to continue to work on the trail along Highway 10. She asked how much of the budget forecast for 2025 included federal funding. ARDEN HILLS CITY COUNCIL — NOVEMBER 25, 2024 3 Senator Marty stated his budget relies on Medicaid funds and noted the feds pay a little over half. He explained he was counting on this funding and if it was lost, premiums would have to go up or the State would have to step in. Councilmember Rousseau congratulated Representative Moller for being named chair to the Ethics Committee and Public Safety Committee. She thanked Senator Marty and Representative Moller for representing this community well. Councilmember Fabel stated he was disappointed with the fact the legislature did not approve a bonding bill this year. He asked if action would be taken on a bonding bill at the beginning of the 2025 legislative session. Representative Moller commented she could not say, but understood people wanted that to happen. Councilmember Fabel questioned if affordable housing would continue to be a priority for the legislature in 2025. Representative Moller reported the State invested $1 billion in housing and noted housing would always be a high priority for the State. Senator Marty explained he understood the needs for housing in the State were critical and noted the housing chairs in both the Senate and House also understood this concern. Mayor Grant thanked Senator Marty and Representative Moller for their efforts on behalf of the community. He indicated he appreciated all of their efforts on the fire station. He thanked Representative Moller for working with him on sewer and water issues. He stated Arden Hills was a small community and did not have budget for lobbyists. He asked that Senator Marty and Representative Moller continue to advocate for a trail along old Highway 10. Senator Marty indicated this was a Safe Routes to School trail segment and noted he understood this was an important initiative for the community. 6. STAFF COMMENTS None. 7. APPROVAL OF MINUTES None. 8. CONSENT CALENDAR A. Motion to Approve Consent Agenda Item - Claims and Payroll B. Motion to Approve Ramsey County Joint Powers Agreement for Recycling Funding G. Motion t Approve e n � tie 2024-053 A* the n i t �.zv i� 6 �v^icc i�i �ricucr9iivr ARDEN HILLS CITY COUNCIL — NOVEMBER 25, 2024 4 D. Motion to Acknowledge the Application of Ducks Unlimited North Suburban Chapter 239 for an Exempt Permit to Conduct a Raffle with the Event being January 23, 2025, with No Waiting Period E. Motion to Approve Resolution 2024-054 Certifying the 2024 Municipal election Canvass Recount Results MOTION: Councilmember Holden moved and Councilmember Rousseau seconded a motion to approve the Consent Calendar as amended and to authorize execution of all necessary documents contained therein. The motion carried (4-0). 9. PULLED CONSENT ITEMS A. Motion to Approve Resolution 2024-053 Authorizing the Application for Recycling SCORE Grant Funds from Ramsey County for 2025 Councilmember Holden asked how the grant funding will impact the amount residents will be paying for recycling. Interim City Administrator Jagoe reported the base amount for SCORE funding went up slightly. She noted the larger piece was the incentive funding. She indicated the City would continue to do an electronics recycling day and was considering a bulk item collection day. She commented there may be a way to use the funding towards the recycling rates, but this was still being explored. MOTION: Councilmember Holden moved and Councilmember Rousseau seconded a motion to Approve Resolution 2024-053 Authorizing the Application for Recycling SCORE Grant Funds from Ramsey County for 2025. The motion carried (4-0). 10. PUBLIC HEARINGS A. Quarterly Special Assessments for Delinquent Utilities Finance Director Yang stated water customers whose accounts are 90 days past due were informed that the City intends to certify delinquent charges to Ramsey County to be collected with property taxes. These customers have the right to a hearing in front of the City Council to discuss this matter prior to certification. Staff requested the Council hold a public hearing regarding the delinquent utilities. Mayor Grant opened the public hearing at 7:34 p.m. With no one coming forward to speak, Mayor Grant closed the public hearing at 7:35 p.m. B. Planning Case 24-019 Amending Chapter 13 — Zoning Code — Cannabis Zoning Standards Consultant Planner Hofer stated in 2023, cannabis was legalized for recreational use and the sale, possession, use, and growth of cannabis was decriminalized. The Office of Cannabis ARDEN HILLS CITY COUNCIL — NOVEMBER 25, 2024 5 Management (OCM) is currently drafting rules and standards for licensing and use of facilities that will deal with cannabis. The first draft of the rules was made available on July 30, 2024, and A Guide for Local Governments on Adult Use Cannabis (Local Guide) was published this year with the most recent version being updated in August. The OCM recently closed the application period for Social Equity Applicants and received over 1,800 applications. Licenses are anticipated to be issued shortly after the rules from OCM are finalized in 2025. Consultant Planner Hofer reported a considerable number of changes to the City Code will be required to address the registration of cannabis businesses and the use of cannabis; however, the zoning ordinance is specifically used to control for the time, place, and manner of the operations of a cannabis business provided that such restrictions do not prohibit the establishment or operation of cannabis businesses. Notably, if the City wishes to limit the amount of cannabis retail businesses within the City, this should not be done in the zoning ordinance, but in the section that establishes standards for registration. Nonretail businesses cannot be limited by number but can be zoned for specific areas of the City. Consultant Planner Hofer described the various cannabis businesses and discussed the registration/licensing process. It was noted the proposed ordinance includes amendments to 1305 Rules, Scope, Interpretation, & Definitions, subsection 1325.04 Definitions. Many of the definitions reference Minnesota Statute in order to make sure that definitions in the code remain current if statute changes. The proposed ordinance includes amendments to Section 1320 — District Provisions, subsection 1320.05 Land Use Chart. Allowed districts were amended by the Planning Commission to include mezzobusiness and microbusiness, as a conditional use in the 13- 3 and GB zoning districts and "Retail, Cannabis Sales" as a conditional use in the B-3 district and a conditional accessory use in the GB district. Sales within the GB district was determined to fit as a conditional accessory use to be consistent with the existing standards within the GB district regarding retail (1320.13 Subd. 3 C.). Consultant Planner Hofer explained the proposed ordinance includes amendments to Section 1325 to create 1325.047 Cannabis Business Conditional Use Permit Criteria. These include application requirements and design and performance standards for cannabis businesses. The ordinance standards may need to change based on future changes to OCM rules. The standards include: • A 1,000 ft. setback from schools as allowed by Minnesota State Statue • A prohibition on outdoor operations • Standards regarding odor control and design standards • Screening and outdoor storage standards • Lighting standards and requirements • Water and wastewater requirements • Sign standard references to the City Code and OCM • Restrictions on business hours Consultant Planner Hofer reported changes within the proposed language from the November 6, 2024, Planning Commission meeting include language that exempts areas located north of Highway 694, east of Interstate 35W, and west of State Highway 10 in the Gateway Business zoning district from the 1,000 ft. buffer from schools, an amendment to the hours of the sale of cannabinoids for consumption to be consistent with state statute, and minor grammatical changes. ARDEN HILLS CITY COUNCIL — NOVEMBER 25, 2024 6 The Council should discuss the hours of the sale of cannabinoids for consumption. State statute allows for the sale between the hours of 8:00 a.m. and 2:00 a.m. of the next day, Monday through Saturday, and between the hours of 10:00 a.m. and 2:00 a.m. of the next day on Sundays. The Planning Commission discussed the hours of operation regarding this and was consistent in recommending that sales should cease at 9 p.m., but there was discussion about whether the beginning of sales should mirror State statute or be set at 10 a.m. every day. Local governments are allowed to limit this to 10:00 a.m. to 9:00 p.m. every day. The draft ordinance included in Council packets states hours of operation would be allowed from 8:00 a.m. to 9:00 p.m. Monday through Saturday, and between the hours of 10:00 a.m. and 9:00 p.m. on Sundays. Staff commented further on the proposed cannabis ordinance and requested the City Council hold a public hearing. Councilmember Fabel discussed how the proposed amendments would expand retail sales to the B-3 and GB zoning districts. Consultant Planner Hofer reported the proposed expansion would allow mezzobusinesses and microbusinesses to have retail sales within these districts. Mayor Grant commented mezzobusinesses and microbusinesses were not previously recommended by the City Council, rather the Council had only considered retail sales. He asked how mezzobusinesses and microbusinesses ended up in the recommendation. Consultant Planner Hofer stated mezzobusinesses and microbusinesses are specific license types and have specific uses related to them. He indicated because their uses were very particular and could include retail sales, they were included in the use table. Mayor Grant was of the opinion the mezzobusinesses and microbusinesses was a Planning Commission add and noted this was not discussed or considered by the City Council. Councilmember Rousseau asked what the tax revenue would be for these uses. Consultant Planner Hofer stated he could not speak to this. Finance Director Yang reported when looking at the revenue streams from the Department of Revenue, what happens is 10% of gross receipts are taxed and pulled into a special revenue fund and 50% is given to counties and 50% will be given to cities. She explained if Arden Hills had one retail business, the City would receive approximately $1,000 in tax revenues. Mayor Grant indicated the Council wanted to limit the number of businesses to one and asked if the proposed Ordinance would lead to more than one retail cannabis business. City Attorney Bjerkness advised under State Statute 342.13 local governments were given the ability to regulate the number of particular license types, which include cannabis retailers, mezzobusinesses with retail endorsements, and microbusinesses with retail endorsements. She indicated the City could limit these to no more than one. She reported medical use licenses were outside this cap. Councilmember Fabel questioned if the microbusiness and mezzobusiness licenses could be issued without the retail endorsement. ARDEN HILLS CITY COUNCIL — NOVEMBER 25, 2024 7 City Attorney Bjerkness commented she believed this could be done. Interim City Administrator Jagoe explained staff understood the City Council wanted to set the retail cap at one registration. She indicated because a mezzobusiness or microbusiness could have a retail endorsement, they were included in the ordinance for conditional use permit consideration. Consultant Planner Hofer reported the retail component for microbusinesses and mezzobusinesses was granted by the Office of Cannabis Management. He stated microbusinesses and mezzobusinesses with a retail endorsement could operate in up to three different retail locations associated with their licenses in different communities. Councilmember Fabel indicated he remains a bit confused on how the City could state within the ordinance that there will be one retail cannabis outfit in Arden Hills. Consultant Planner Hofer explained if the City sets a cap at one cannabis retailer and there is an existing retail use within the City, a microbusiness or mezzobusiness with a retail endorsement would not be able to register for retail sales, but could perform the other functions under their license. Mayor Grant opened the public hearing at 8:00 p.m. With no one coming forward to speak, Mayor Grant closed the public hearing at 8:01 p.m. 11. NEW BUSINESS A. Quarterly Special Assessments for Delinquent Utilities Finance Director Yang stated delinquent utility amounts are certified to Ramsey County quarterly. A list of utility accounts with a delinquent balance was compiled and notices dated October 15, 2024 were mailed. These customers were informed of their delinquent status and were asked to make payment of the delinquent balance by November 17, 2024. Utility accounts with an unpaid delinquent balance would be certified to Ramsey County to be added to property taxes payable in 2025. The certification amount is equal to the unpaid delinquent balance plus an eight percent penalty. The City will request that Ramsey County levy the delinquent balances against the respective properties. MOTION: Councilmember Holden moved and Councilmember Rousseau seconded a motion to adopt Resolution #2024-055 — Certifying Quarterly Delinquent Utilities to Ramsey County. The motion carried (4-0). B. Planning Case 24-019 Amending Chapter 13 — Zoning Code — Cannabis Zoning Standards Consultant Planner Hofer stated a full evaluation of the proposed amendment and was included in the staff report under Agenda Item IOB. It was noted the City of Arden Hills is proposing amendments to the language of Chapter 13 of the Zoning Code to Section 1305 to establish definitions for cannabis uses, 1320 to determine zoning districts for cannabis uses, and 1325 to ARDEN HILLS CITY COUNCIL — NOVEMBER 25, 2024 8 establish performance standards for cannabis uses, in anticipation of the Office of Cannabis Management (OCM) issuing licenses for cannabis businesses in 2025. Consultant Planner Hofer reported the Planning Commission held a public hearing on the ordinance amendment. No comments were received. The Commission voted 6-0 to recommend approval, with six amendments, of Planning Case 24-016. The amendments have been described previously in this report. The Planning Commission reviewed this application at their November 6, 2024, meeting. The following findings of fact are offered for Council's consideration: 1. The City of Arden Hills is proposing to amend ordinance to establish definitions for cannabis uses, determine zoning districts for cannabis uses, and establish performance standards for cannabis uses. 2. The proposed ordinance will include amendments to the language of Chapter 13 — Zoning Code of the City Code. 3. Amendments to the Zoning Code regulations require a public hearing prior to action by the City Council. 4. The Planning Commission conducted a public hearing on November 6, 2024. Councilmember Rousseau commented she originally was interested in locating retail cannabis in the B-3 zoning district. She explained she wanted to see this use destigmatized and supported retail sales in both the B-3 and B-4 zoning districts. She stated she would be in favor of free market, but because there was so much change happening so quickly, she recommended the City limit the number of cannabis retailers to one. Mayor Grant indicated he supported retail cannabis sales only in the B-4 zoning district and supported the City only having one cannabis retailer. He stated he was concerned about odor and commented on how this may impact the B-3 business district. He reported he was a little concerned with the fact the OCM was still establishing the rules. He explained he was uncertain why the Planning Commission included microbusiness and mezzobusinesses. He stated he wanted to see the City Council proceeding cautiously allowing for one retailer. Councilmember Holden explained the Council discussed this matter extensively and noted she could support excluding retail sales in the Gateway Business and B-3 zoning districts. Councilmember Fabel questioned if the odor from cannabis was just from smoking or was there an odor from manufacturing as well. Mayor Grant stated it was his understanding the odor from manufacturing or growers comes from the flower of the cannabis plant and the odor was very poignant in the late summer early fall months. He reported the smell was likened to a skunk. Councilmember Fabel indicated he would like to keep retail sales off of County Road E and Lexington Avenue, which means he would only support retail sales in the B-4 zoning district. Mayor Grant asked if cannabis sales made sense in the Gateway Business District. Councilmember Holden stated she was uncertain how to go ahead with amending the proposed Ordinance. ARDEN HILLS CITY COUNCIL — NOVEMBER 25, 2024 9 Mayor Grant recommended staff rewrite the code in such a manner to meet the desired requirements. Councilmember Fabel commented on the hours of operation requirements. He stated he would like to see the City ordinance reflecting the minimum hours of operation required by State law. Consultant Planner Hofer reported the most restrictive hours that could be approved within the ordinance would be 10:00 a.m. to 9:00 p.m. Monday through Sunday. Councilmember Holden asked if the mezzobusiness and microbusinesses could be removed from the ordinance. Consultant Planner Hofer discouraged the Council from proceeding in this manner. He explained mezzobusinesses and microbusinesses are a specific license type the City may want to regulate. He reported the Council could opt to limit mezzobusiness and microbusinesses within the Gateway Business District. Councilmember Holden supported removing microbusiness and mezzobusinesses from the ordinance altogether. In addition, she recommended cannabis sales not be allowed in the Gateway Business district or the B-3 business district. Councilmember Fabel stated he thought he heard Consultant Planner Hofer recommend against the elimination of the microbusiness and mezzobusiness language from the ordinance. Consultant Planner Hofer directed this question to the City Attorney. City Attorney Bjerkness stated if the question was could the microbusiness and mezzobusiness language be removed, she believed the answer was no. She detailed how the language could remain for the B-4 zoning district but that the language could be removed for the Gateway Business and B-3 zoning districts. Councilmember Fabel commented given the concerns regarding odor, perhaps cannabis retail, microbusiness and mezzobusinesses should be limited to the B-4 zoning district. Mayor Grant supported the City putting proper regulations in place with the understanding the Council could always revisit the matter at a future date. Councilmember Holden believed it made more sense to allow retail sales in the B-4 zoning district versus the Gateway Business District because this area was full of giant industrial buildings. City Attorney Bjerkness stated after researching the matter further, she indicated the City cannot prohibit businesses with a microbusiness and mezzobusiness license. MOTION: Councilmember Holden moved and Mavor Grant seconded a motion to adobt Ordinance 2024-015 for Planning Case 24-019 regarding a Zoning Code Amendment to Chapter 13, Section 1305 to establish definitions for cannabis uses, 1320 to determine zoning districts for cannabis uses, and 1325 to establish performance standards for cannabis uses. ARDEN HILLS CITY COUNCIL NOVEMBER 25, 2024 10 AMENDMENT: Councilmember Holden moved and Mayor Grant seconded a motion to amend Ordinance 2024-015, to prohibit cannabis uses in the B-3 zoning district. The motion carried 3-1 (Councilmember Rousseau opposed). AMENDMENT: Councilmember Holden moved and Councilmember Rousseau seconded a motion to amend Ordinance 2024-15, to prohibit cannabis mezzobusiness, cannabis microbusiness, and retail, cannabis sales in the Gateway Business District. Councilmember Fabel stated he would want to put off action on the Gateway Business District until he could visit this area. Councilmember Holden reported the businesses that would be allowed in the Gateway Business District would be the cultivation, manufacturing, and wholesale businesses. Councilmember Rousseau stated she agreed with this recommendation noting the Gateway Business District was not the right place for cannabis retail. Councilmember Holden called the question. The motion carried 3-1 (Councilmember Fabel opposed). AMENDMENT: Councilmember Holden moved and Councilmember Fabel seconded a motion to amend Ordinance 2024-015, Subdivision 3, Item J to have hours operation be from 10:00 a.m. to 9:00 p.m. Monday through Sunday. The motion carried (4-0). AMENDMENT: Councilmember Holden moved and Mayor Grant seconded a motion to amend Ordinance 2024-015, adding changes to Second 1325.047, Subdivision 3 adding the sign and security language from City staff. Mayor Grant reported security in retail cannabis establishments was very important. The motion carried (4-0). AMENDMENT: Councilmember Holden moved and Mayor Grant seconded a motion to amend Ordinance 2024-015, removing the language within Subdivision 3, Item K. The motion carried (4-0). Mayor Grant asked if a buffer zone was required around Bethel University. Consultant Planner Hofer stated the buffer allowed by State statue is somewhat unclear as to how it will be applied to post -secondary institutions. He indicated the proposed buffers are only for elementary, junior high, and senior high schools. The amended motion carried 3-1 (Councilmember Rousseau opposed). ARDEN HILLS CITY COUNCIL — NOVEMBER 25, 2024 11 MOTION: Councilmember Holden moved and Councilmember Rousseau seconded a motion to authorize staff to publish a Summary Ordinance of 2024-015. The motion carried (4-0). 12. UNFINISHED BUSINESS None. 13. COUNCIL COMMENTS Councilmember Rousseau explained City Council certified Planning Commissioner Weber for a four-year term on the City Council. She thanked Mr. Weber for his continued desire to serve the City of Arden Hills and stated she looked forward to serving with him over the next four years. Councilmember Fabel concurred with Councilmember Rousseau's comments. Councilmember Holden congratulated herself for being reelected to the City Council for another four years. Councilmember Holden thanked Sue O'Brien for doing the floral gardens within the townhome association. Councilmember Holden indicated she was very proud of Joseph Jacob for being promoted from Sea Cadet to Chief. Mayor Grant wished everyone a Happy Thanksgiving. ADJOURN MOTION: Councilmember Holden moved and Councilmember Rousseau seconded a motion to adjourn. The motion carried (4-0). Mayor Grant adjourned the Regular City Council Meeting at 8:46 p.m. Julie Hanson City Clerk David Grant Mayor CONSENT ITEM - 5A -AREN�HILLS MEMORANDUM DATE: December 16, 2024 TO: Honorable Mayor and City Councilmembers FROM: Jessica Jagoe, Interim City Administrator SUBJECT: 2025-2027 Collective Bargaining Agreement — IUOE 49 Budgeted Amount: Estimated Amount: Funding Source: N/A N/A N/A Council Should Consider Motions to approve, table, or deny the following: • 2025-2027 Collective Bargaining Agreement with the International Union of Operating Engineers Local 49. Background Representatives of City Staff and the International Union of Operating Engineers (IUOE) Local 49 have reached a tentative agreement pending Council approval on the 2025-2027 Collective Bargaining Agreement (CBA). IUOE 49 represents the City's maintenance workers and is made up of eight employees. The current contract expires at the end of this year, and over the past few months representatives have been negotiating a new three-year contract. The proposal for Council to consider is keeping all of the existing language the same, with the exception of the following changes: Wages The two sides have negotiated the Union's pay tables with a seven -percent COLA in 2025 and a three -percent COLA in subsequent years 2026 and 2027. The current and proposed pay rates can be found below for the Maintenance Worker and Lead Worker positions: Pagel of 3 PW-MAINTENANCE 7% COLA 3% COLA 3% COLA 1 $ 28.94 $ 30.97 $ 31.89 $ 32.85 2 30.26 $ 32.38 33.35 34.35 3 31.64 $ 33.85 34.87 35.92 4 33.08 $ 35.40 36.46 37.55 5 34.60 $ 37.02 38.13 39.28 6 36.19 $ 38.73 39.89 41.09 PW-LEADS 7% COLA 3% COLA 3% COLA 1 $ 38.72 $ 41.43 $ 42.67 $ 43.95 2 39.88 $ 42.67 43.95 45.27 3 41.08 $ 43.95 45.27 46.63 4 42.31 $ 45.27 46.63 48.03 im 5 43.58 $ 46.63 48.03 49.47 6 I 44.89 $ 48.03 49.47 50.95 Health Insurance The Union members will continue to receive 87% towards their insurance premiums for the life of the agreement, which is what the City pays today. The proposed labor agreement language was amended to include the percentage amount to be paid by the City rather than a premium amount as referenced in the current agreement since this is a three-year contract and that monthly amount may be adjusted annually. Uniform Allowance The City will increase its allowance by $35 for uniforms and $30 for boots, which would result in $660 and $230, respectively. These amounts would remain the same for the life of the contract. Lead Worker A Memorandum of Understanding has been included for the Lead Worker - Parks and Lead Worker - Utilities positions which will start in 2025. All other MOU's have been updated for 2024. For reference, the previous contract is attached. The IUOE Local 49 Business Representative has indicated acceptance of the tentative agreement. Staff has provided a draft redlined 2025-27 CBA with the changes as reflected above to the IUOE Local 49 and is waiting for their approval of the draft language. Given all other existing language remains the same, staff is not anticipating any review comments from the IUOE Local 49. Page 2 of 3 Budget Impact The budget impact of these changes was factored into the 2025 budget. Based on the negotiated terms, this is a total increase of $35,000 over the September 23rd preliminary levy (when the COLA was set at 3%) for the Maintenance Worker and Lead Worker wages, with approximately half hitting the General Fund. The City Council budgeted an additional $30,000 in 2025 towards wages at the December 9tn meeting in anticipation of an additional 4% increase, moving from the 3% COLA to the 7% COLA. Staff believes that the additional $5,000 in wages and all other cost increases can be absorbed into the 2025 budget. Attachments Attachment A: 2024 CBA Attachment B: Proposed 2025-27 CBA Page 3 of 3 Attachment A LABOR AGREEMENT BETWEEN THE CITY OF ARDEN HILLS AND INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL NO.49 JANUARY 1, 2024 THROUGH DECEMBER 31, 2024 TABLE OF CONTENTS ARTICLE NO. DESCRIPTION PAGE NO. I PURPOSE OF AGREEMENT...................................................................1 IIRECOGNITION ........................................................................................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 XIVSENIORITY ........................................................................................8 XVLAY-OFF ............................................................................................8 XVI PROBATIONARY PERIODS................................................................ 8 XVIISAFETY ..............................................................................................8 XVIIIJOB 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 TRAINING CENTER CONTRIBUTION.................................................... 12 XXVI MILEAGE REIMBURSEMENT FOR TRAINING....................................12 XXVII INJURY ON DUTY............................................................................... 12 XXVIII UNUSED SICK LEAVE PAY................................................................ 13 XXIXWAIVER .............................................................................................13 XXX CENTRAL PENSION FUND................................................................. 13 XXXIDURATION .........................................................................................15 SIGNATURES....................................................................................15 APPENDIX A - WAGES AND CLASSIFICATIONS, LICENSE PAYINCENTIVE.....................................................................................16 COMMERCIAL DRIVERS LICENSE, MEMORANDUM OF UNDERSTANDING.............................................................................18 CELEBRATING ARDEN HILLS EVENT....................................................19 OVERTIME CLARIFICATION MOU.......................................... 20 FLEET MANAGER POSITION MOU.........................................................21 2 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, 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. 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. 4 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 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. B. 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. 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. 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 AGREEMENT. 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. 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 eighty (80) hours. If the maximum is exceeded, the employee will receive overtime pay to reduce the accumulation to the maximum allowed. 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. 9 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. 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. 10 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: 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 12 PERSONAL TIME OFF SCHEDULE FOR EMPLOYEES HIRED AFTER JANUARY 1, 2020: Completed Months of Service 0 — 36 months 37 months - 108 months 109 months — 168 months 169 months — 228 months 229 months or more Personal Time 6 hours bi-weekly 7 hours bi-weekly 7.5 hours bi-weekly 8.5 hours bi-weekly 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 forty (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, 2024, the EMPLOYER will contribute $1,284.00 per month to the Operating Engineers, Local 49 Health and Welfare Administrators for Group Health and Dental Insurance. 13 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 Juneteenth Independence Day Labor Day Veterans Day Thanksgiving Day Thanksgiving 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 June 19 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 twenty five dollars ($625.00) 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. 14 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. 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. ARTICLE XXV — LOCAL 49 TRAINING CENTER CONTRIBUTION Effective January 1, 2024 The Employer agrees to contribute (¢.30) per straight -time hour worked, per bargaining unit Employee, to the Local 49 Training Center. The Employer shall pay this contribution, by the 151h of the following month, directly to Wilson McShane Corporation at: 3001 Metro Drive, Suite 500, Bloomington, MN 55425. The Employer and bargaining unit Employees will be provided all benefits of the Local 49 Training Center. ARTICLE XXVI — 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 XXVII — 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. 15 ARTICLE XXVIII — 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 XXIX — 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 XXX — CENTRAL PENSION FUND The City of Arden Hills agrees to participate in the Central Pension Fund of the International Union of Operating Engineers and Participating Employers ("Central Pension Fund") in accordance with the terms of the Restated Agreement and Declaration Trust of the Central Pension, the Plan of Benefits, and this Memorandum of Understanding. 1. Minnesota Statute § 356.24, Subd. 1(10) expressly authorizes the Employer to contribute public funds to the Central Pension Fund as a supplemental pension plan for 16 the employees of a governmental subdivision who are covered by a collective bargaining agreement that provides for such coverage. 2. Sections 4.1 of the Restated Agreement and Declaration of Trust of the Central Pension Fund and 13.01 of the Plan of Benefits only permits Employer Contributions to the Fund. 3. The Parties agree that the agreed upon Employer contribution amount that would otherwise be paid in salary or wages will be contributed instead to the CPF as a pre-tax Employer contribution. Contributions from the Employer will not be funded from any other source unless agreed upon by the parties. 4. The hourly contribution rate will be applied to every hour compensated (i.e. hours worked, vacation, holiday and sick time) except for overtime hours worked. The Employer shall remit this contribution directly to the Central Pension Fund at P.O. Box 418433 Boston, MA 02241-8433. 5. A contribution of $2.40 per straight time hours compensated prevents annual Central Pension Fund contributions on behalf of eligible Employees from exceeding $10,000.00 in a year and therefore complies with the limitations set forth under Minnesota Statute, §356.24, Subd. 1(10) as amended. 6. For purposes of determining future wage rates, the Employer shall first restore the amount of the Employer Contribution, which is currently the CPF contribution rate of $2.40 per hour, then apply the applicable wage multiplier, then reduce the revised wage by the Central Pension Fund contribution rate. 7. For purposes of calculating overtime compensation, the Employer shall first restore the amount of the Employer Contribution $2.40 then apply the applicable 1.5 wage multiplier required under the Fair Labor Standards Act (FLSA) and the Collective Bargaining Agreement, then pay the resulting amount for overtime worked. 8. The Parties agree that the Public Employees Retirement Association (PERA) interprets Employer contributions to the Central Pension Fund as being included in determining "salary" for the purposes of the public pension. 9. The parties agree to abide by the terms and conditions of the Restated Agreement and Declaration of Trust and the Plan of Benefits of the Central Pension Fund. 10. Effective January 1, 2022, the contribution rate equals $2.40 per straight time hour compensated. 11. Members, by majority vote, may change the contribution rate at any time during the lifeofthe Collective Bargaining Agreement. The Union and Employer will work ARTICLE - together to implement member approved changes as soon as is practicable. — DURATION XXX This AGREEMENT shall be effective as of the date of its signing and shall remain in full force and effect January 1, 2024 through December 31, 2024. 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. 4 IN WITNE§,5 WHEREOF, the parties hereto have executed this AGREEMENT on this 1a - day of i'�i��u-`� 2024 17 CITY OF ARDEN HILLS By:�Wl Mayor Y City Administrator INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL No. 49 Jason George, Business Manager Ron Boesel, Business Representative Union Steward 18 Appendix A WAGES AND CLASSIFICATIONS A. Effective January 1, 2024 the pay scale will be increased by a $2.00 Market Adjustment and three percent COLA, see below for 2024 pay scale. Step 1 Pay rate/hour 28.94 Time advance to next step 6 months to step 2 2 30.26 6 months to step 3 3 31.64 12 months to step 4 4 33.08 12 months to step 5 5 34.60 12 months to step 6 6 36.19 N/A 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. B. 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". C. 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. MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF ARDEN HILLS, MN AND I.U.O.E., 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, 2024 through December 31, 2024. As of January 1, 2025the Letter may be eliminated at the request of either party. CITY OF ARDEN HILLS By: hau/_,S� By: 1—)" � - Date: F 11712- INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL No. 49 By: By: Date: 20 MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF ARDEN HILLS, MN AND I.U.O.E., 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, 2024 through December 31. 2024. As of January 1, 2025 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: Z 2 Date: 21 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, 2024 through December 31, 2024. FOR CIT OF ARD N HILLS By: By: Date: Z L12 22 FOR IUOE, LOCAL NO. 49 IN Date: Memorandum of Understanding Between The City of Arden Hills -And- I.U.O.E. Local No. 49 This Memorandum of Understanding entered into between the City of Arden Hills ("Employer") and the International Union of Operating Engineers, Local No. 49 ("Union") sets forth the respective parties' agreement regarding the Fleet Manager Position. It is hereby understood and agreed to between the parties that the Fleet Manager job responsibilities are: 1. Perform routine inspections of all PW fleet and complete the related Preventative Maintenance Checklists. 2. Perform basic routine maintenance and minor repairs on vehicles and equipment such as, but not limited to, oil changes, tire rotations, tire pressures, air filters, fluid levels, lubricating, cleaning, etc. Any vehicles or equipment that are above the expected level of skill for this position must be sourced out to a shop at a competitive labor rate. 3. Maintain record of all services done to PW fleet and associated costs using asset management software. 4. Coordinate the maintenance and repairs of PW fleet to be done by PW Department. or if determined an outside resource is needed and ensure the quality of all maintenance and repairs. 5. Maintain inventory of materials and supplies. 6. Ensures shop safety and performs related routine inspections including, but not limited to, eye washes, mechanics hoist, air compressor, and crane truck that require inspections or a monthly check (initial and tag) monthly. If this work is required to be outsourced, this position would coordinate that effort. 7. Assists in the preparation of annual operating and capital improvement budgets and provide information and recommendations to the Public Works Superintendent to determine and plan purchases of vehicles, equipment, materials, and supplies. 8. This position's job responsibility is secondary to the job expectations of the Public Works Maintenance Worker. 9. Plan fleet maintenance work outside of priority Public Works tasks when staffing is needed and coordinate fleet maintenance work schedule with the Public Works Superintendent. 23 1O.The additional rate of $2.00/hr. will be applied to the base rate of the employee but only towards regular hours. This position is not intended to require overtime to complete any necessary tasks. 11.This position will be open to applications from PW Maintenance Worker staff and chosen through an interview process to ensure the applicant has proper qualifications and experience. 12.The Fleet Manager's duties are additional to current duties as PW Maintenance Worker 13.This position will be overseen/supervised by the PW Superintendent 14.This position will be reevaluated annually to determine if the employee will continue duties for another 1-year term This Memorandum of Understanding shall be in effect until 12/31/2024. In addition, it is understood that this Memorandum of Understanding may be extended by the mutual agreement of both parties. For the City of Arden Hills: City Administrator Date: J- 24 For I.U.O.E. Local 49: Ron Boesel, Business Representative Date: Attachment B DRAFT LABOR AGREEMENT BETWEEN THE CITY OF ARDEN HILLS AND INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL NO. 49 JANUARY 1, 2025 THROUGH DECEMBER 31, 2027 TABLE OF CONTENTS ARTICLE NO. DESCRIPTION PAGE NO. I. PURPOSE OF AGREEMENT............................................................3 II. RECOGNITION.............................................................................3 III. UNION SECURITY........................................................................3 IV. EMPLOYER AUTHORITY..............................................................4 V. EMPLOYEE RIGHTS/ GRIEVANCE PROCEDURE................................4 VI. DEFINITIONS.............................................................................7 VII. SAVINGS CLAUSE.......................................................................8 VIII. WORK SCHEDULES......................................................................8 IX. OVERTIME PAY..........................................................................9 X. STANDBY AND CALL..............................................................9 XI. LEGAL DEFENSE.......................................................................10 XII. RIGHT OF SUBCONTRACT...........................................................10 XIII. DISCIPLINE AND DISCHARGE.....................................................10 XIV. SENIORITY................................................................................10 XV. LAY-OFF...................................................................................11 XVI. PROBATIONARY PERIODS..........................................................11 XVII. SAFETY...................................................................................11 XVIII. JOB POSTING............................................................................11 XIX. PERSONAL TIME OFF CONVERSION.............................................12 XX. FUNERAL LEAVE..........................................................................................12 XXI. PERSONAL TIME OFF (PTO).........................................................12 XXII. GROUP INSURANCE..................................................................14 XXIII. HOLIDAYS..............................................................................14 XXIV. UNIFORM ALLOWANCE............................................................15 XXV. TRAINING CENTER CONTRIBUTION..........................................................15 XXVI. MILEAGE REIMBURSEMENT FOR TRAINING................................16 XXVII. INJURY ON DUTY.....................................................................16 XXVIII. UNUSED SICK LEAVE PAY....................................................................16 XXIX. WAIVER.................................................................................16 XXX. CENTRAL PENSION FUND.........................................................17 XXXI. DURATION..........................................................................18 SIGNATURES.........................................................................18 APPENDIX A - WAGES AND CLASSIFICATIONS, LICENSE PAY INCENTIVE......................................................................19 COMMERCIAL DRIVERS LICENSE MOU ...................................................21 CELEBRATING ARDEN HILLS EVENT.........................................23 OVERTIME CLARIFICATION MOU...............................................25 FLEET MANAGER MOU...............................................................26 LEAD WORKER PARKS MOU........................................................28 LEAD WORKER UTILITIES MOU....................................................29 2 LABOR AGREEMENT Between CITY OF ARDEN HILLS And INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL NO. 49 THIS AGREEMENT is entered into between the CITY OF ARDEN HILLS, hereinafter called the EMPLOYER, and LOCAL NO. 49, INTERNATIONAL UNION OF OPERATING ENGINEERS, 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. The EMPLOYER recognizes the UNION as the exclusive representative for all j ob 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. 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. 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. 4 5.4 Procedure Grievances, as defined by Section 5.1 shall be resolved in conformance with the following procedure: Ste- 1. An employee claiming a violation concerning the interpretation or application of this AGREEMENT shall, within ten (10) calendar days after such alleged 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. Stems 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 Authoritv 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. B. 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. M. ARTICLE VI - DEFINITIONS 6.1 LTNION The International Union of Operating Engineers, Local No. 49. 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. 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 AGREEMENT. 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. 7 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 V11I - 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. 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 8 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. U 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. 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 XH - 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 XHI - DISCIPLINE AND DISCHARGE 13.1 The EMPLOYER retains the sole right to discipline and discharge employees. 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. 10 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: 18.11 have the necessary qualifications to meet the standards of the job vacancy; 11 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. 12 PERSONAL TIME OFF SCHEDULE FOR EMPLOYEES HIRED PRIOR TO JANUARY 1, 2020: Completed ,years of 0-5 years 6-10 years After 10 years Personal Time 7 hours bi-weekly 9 hours bi-weekly 10 hours bi-weekly PERSONAL TIME OFF SCHEDULE FOR EMPLOYEES HIRED AFTER JANUARY 1, 2020: Completed Months of Service 0- 36 months 37 months - 108 months 109 months - 168 months 169 months - 228 months 229 months or more Personal Time 6 hours bi-weekly 7 hours bi-weekly 7.5 hours bi-weekly 8.5 hours bi-weekly 9 hours bi-weekly Benefit year for Personal Time Off is March It through February 28t''. 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 13 of the EMPLOYER, the employee may be allowed to carry accrued, unused PTO beyond two -hundred forty (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 lst 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, 2025, the EMPLOYER will contribute 87 percent funding level for insurance contributions for the life of the contract to the Operating Engineers, Local 49 Health and Welfare Administrators for Group Health and Dental Insurance. 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. 23.1 The EMPLOYER will provide twelve (12) paid holidays as follows: Holiday New Year's Day Martin Luther King Day Presidents' Day Meinorial Day Juneteenth Independence Day Labor Day Veterans Day Thanksgiving Day Thanksgiving Day After Christmas Eve Day Christmas Day New Year's Eve Day 14 Observance Dav January 1 Third Monday in January Third Monday in February Last Monday in May June 19 July 4 First Mond ay 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 sixty dollars ($660.00) and an ANSI approved safety boot allowance of two hundred thirty dollars ($230.00). 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. 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. Effective January 1, 2025 The Employer agrees to contribute (¢.30) per straight -time hour worked, per bargaining unit Employee, to the Local 49 Training Center. The Employer shall pay this contribution, by the 15th of the following month, directly to Wilson McShane Corporation at: 3001 Metro Drive, Suite 500, Bloomington, MN 55425. The Employer and bargaining unit Employees will be provided all benefits of the Local 49 Training Center. 15 ARTICLE XXVI - 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 XXVII - 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 XXViII- 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 XXIX - 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 16 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 XXX - CENTRAL PENSION FUND The City of Arden Hills agrees to participate in the Central Pension Fund of the International Union of Operating Engineers and Participating Employers ("Central Pension Fund") in accordance with the terms of the Restated Agreement and Declaration Trust of the Central Pension, the Plan of Benefits, and this Memorandum of Understanding. 1. Minnesota Statute§ 356.24, Subd. 1(10) expressly authorizes the Employer to contribute public funds to the Central Pension Fund as a supplemental pension plan for the employees of a governmental subdivision who are covered by a collective bargaining agreement that provides for such coverage. 2. Sections 4.1 of the Restated Agreement and Declaration of Trust of the Central Pension Fund and 13.01 of the Plan of Benefits only permits Employer Contributions to the Fund. 3. The Parties agree that the agreed upon Employer contribution amount that would otherwise be paid in salary or wages will be contributed instead to the CPF as a pre-tax Employer contribution. Contributions from the Employer will not be funded from any other source unless agreed upon by the parties. 4. The hourly contribution rate will be applied to every hour compensated (i.e. hours worked, vacation, holiday and sick time) except for overtime hours worked. The Employer shall remit this contribution directly to the Central Pension Fund at P.O. Box 418433 Boston, MA 02241-8433. 5. A contribution of $2.40 per straight time hours compensated prevents annual Central Pension Fund contributions on behalf of eligible Employees from exceeding $10,000.00 in a year and therefore complies with the limitations set forth under Minnesota Statute, §356.24, Subd. 1(10) as amended. 6. For purposes of determining future wage rates, the Employer shall first restore the amount of the Employer Contribution, which is currently the CPF contribution rate of $2.40 per hour, then apply the applicable wage multiplier, then reduce the revised wage by the Central Pension Fund contribution rate. 7. For purposes of calculating overtime compensation, the Employer shall first restore the amount of the Employer Contribution $2.40 then apply the applicable 1.5 wage multiplier required under the Fair Labor Standards Act (FLSA) and the Collective Bargaining Agreement, then pay the resulting amount for overtime worked. 17 8. The Parties agree that the Public Employees Retirement Association (PERA) interprets Employer contributions to the Central Pension Fund as being included in determining "salary" for the purposes of the public pension. 9. The parties agree to abide by the terms and conditions of the Restated Agreement and Declaration of Trust and the Plan of Benefits of the Central Pension Fund. 10. Effective January 1, 2022, the contribution rate equals $2.40 per straight time hour compensated. 11. Members, by majority vote, may change the contribution rate at any time during the life of the Collective Bargaining Agreement. The Union and Employer will work together to implement member approved changes as soon as is practicable. ARTICLE XXI - DURATION This AGREEMENT shall be effective as of the date of its signing and shall remain in full force and effect January 1, 2025 through December 31, 2027. 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 December, 2024. CITY OF ARDEN HILLS Mayor LN INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL No. 49 Jason George, Business Manager Interim City Administrator Ron Boesel, Business Representative Union Steward `u: Appendix A WAGES AND CLASSIFICATIONS A. Effective January 1, 2025 the pay scales will be increased by a seven percent COLA in 2025 and three percent COLA in 2026 and 2027, see below for 2025-2027 pay scale. PW-MAINTENANCE 7% COLA 3% COLA 3% COLA 1 $ 28.94 $ 30.97 $ 31.89 $ 32.85 2 30.26 $ 32.38 33.35 34.35 3 31.64 $ 33.85 34.87 35.92 4 33.08 $ 35.40 36.46 37.55 5 34.60 $ 37.02 38.13 39.28 6 36.19 $ 38.73 39.89 41.09 PW-LEADS 7% COLA 3% COLA 3% COLA r�IFi 1 5 38.72 $ 41.43 $ 42.67 $ 43.95 2 39.88 $ 42.67 43.95 45.27 3 I 41.08 $ 43.95 45.27 46.63 4 I 42.31 $ 45.27 46.63 48.03 5 4 3. 58 $ 46.63 ' 48.03 ! 49.47 6 I 44.89 $ 48.03 49.47 50.95 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. B. 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". 19 C. License Pa 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. 20 MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF ARDEN HILLS, MN AND I.U.O.E., 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. I. If an employee temporarily loses his/her driver's license and COL, 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. 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 (I) year. The one (I) 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. 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/COL 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, 2025 through December 31, 2027. As of January 1, 2025 the Letter may be eliminated at the request of either party. 21 CITY OF ARDEN HILLS INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL No. 49 LM Mayor By: Interim City Administrator Date: Date: 22 MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF ARDEN HILLS, MN AND I.U.O.E., 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, 2025 through December 31. 2027. As of January 1, 2025 the Letter may be eliminated at the request of either party. CITY OF ARDEN HILLS INTERNATIONAL UNION OF OPERATING LM Mayor ENGINEERS, LOCAL No. 49 23 By: Interim City Administrator Date: Date: 24 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, 2025 through December 31, 2027. CITY OF ARDEN HILLS INTERNATIONAL UNION OF OPERATING By: _ Mayor By: Interim City Administrator Date: ENGINEERS, LOCAL No. 49 Date: 25 MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF ARDEN HILLS, MN AND I.U.O.E., LOCAL 49 This Memorandum of Understanding entered into between the City of Arden Hills ("Employer") and the International Union of Operating Engineers, Local No. 49 ("Union") sets forth the respective parties' agreement regarding the Fleet Manager Position. It is hereby understood and agreed to between the parties that the Fleet Manager job responsibilities are: 1. Perform routine inspections of all PW fleet and complete the related Preventative Maintenance Checklists. 2. Perform basic routine maintenance and minor repairs on vehicles and equipment such as, but not limited to, oil changes, tire rotations, tire pressures, air filters, fluid levels, lubricating, cleaning, etc. Any vehicles or equipment that are above the expected level of skill for this position must be sourced out to a shop at a competitive labor rate. 3. Maintain record of all services done to PW fleet and associated costs using asset management software. 4. Coordinate the maintenance and repairs of PW fleet to be done by PW Department. or if determined an outside resource is needed and ensure the quality of all maintenance and repairs. 5. Maintain inventory of materials and supplies. 6. Ensures shop safety and performs related routine inspections including, but not limited to, eye washes, mechanics hoist, air compressor, and crane truck that require inspections or a monthly check (initial and tag) monthly. If this work is required to be outsourced, this position would coordinate that effort. 7. Assists in the preparation of annual operating and capital improvement budgets and provide information and recommendations to the Public Works Superintendent to determine and plan purchases of vehicles, equipment, materials, and supplies. 8. This position's job responsibility is secondary to the job expectations of the Public Works Maintenance Worker. 9. Plan fleet maintenance work outside of priority Public Works tasks when staffing is needed and coordinate fleet maintenance work schedule with the Public Works Superintendent. 26 1. The additional rate of $2.00/hr. will be applied to the base rate of the employee but only towards regular hours. This position is not intended to require overtime to complete any necessary tasks. 2. This position will be open to applications from PW Maintenance Worker staff and chosen through an interview process to ensure the applicant has proper qualifications and experience. 3. The Fleet Manager's duties are additional to current duties as PW Maintenance Worker 4. This position will be overseen/supervised by the PW Superintendent 5. This position will be reevaluated annually to determine if the employee will continue duties for another 1-year term This Memorandum of Understanding shall be in effect until 12/31/2027. In addition, it is understood that this Memorandum of Understanding may be extended by the mutual agreement of both parties. As of January 1, 2025, the Letter may be eliminated at the request of either party. CITY OF ARDEN HILLS INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL No. 49 By: _ Mayor By: _ Interim City Administrator Date: Date: 27 Memorandum of Understanding Between The City of Arden Hills And I.O.U.E. Local No. 49 This Memorandum of Understanding (MOU) will be entered into between the International Union of Operating Engineers, Local 49 (Union) and the City of Arden Hills (Employer) regarding the new "Lead Worker" position in the Parks Department, effective January 1, 2025. It is hereby understood and agreed to between the parties that the following shall apply: 1. Eligibility and Selection: o The position will be open exclusively to current Public Works (PW) Maintenance Worker staff. o Selection will be based on an interview process to ensure candidates possess the necessary qualifications and experience. 2. Supervision: o The Lead Worker will report to and be supervised by the Public Works Superintendent. 3. Position Details: o The role will adhere to the established job description (which will be attached to the MOU). o The wages and classification for the position will be included in Appendix A of the collective bargaining agreement (CBA). This Memorandum of Understanding shall be in effect until December 31, 2027. In addition, it is understood that this Memorandum of Understanding may be extended by mutual agreement by both parties. As of January 1, 2025, the Letter may be eliminated at the request of either party. CITY OF ARDEN HILLS INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL No. 49 By: _ Mayor By: Interim City Administrator Date: Date: W. Memorandum of Understanding Between The City of Arden Hills And I.O.U.E. Local No. 49 This Memorandum of Understanding (MOU) will be entered into between the International Union of Operating Engineers, Local 49 (Union) and the City of Arden Hills (Employer) regarding the new "Lead Worker" position in the Utilities (Water, Sanitary Sewer) Department, effective January 1, 2025. It is hereby understood and agreed to between the parties that the following shall apply: 1. Eligibility and Selection: o The position will be open exclusively to current Public Works (PW) Maintenance Worker staff. o Selection will be based on an interview process to ensure candidates possess the necessary qualifications and experience. 2. Supervision: o The Lead Worker will report to and be supervised by the Public Works Superintendent. 3. Position Details: o The role will adhere to the established job description (which will be attached to the MOU). o The wages and classification for the position will be included in Appendix A of the collective bargaining agreement (CBA). This Memorandum of Understanding shall be in effect until December 31, 2027. In addition, it is understood that this Memorandum of Understanding may be extended by mutual agreement by both parties. As of January 1, 2025, the Letter may be eliminated at the request of either party. CITY OF ARDEN HILLS INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL No. 49 By: _ Mayor By: _ Interim City Administrator Date: Date: 29 CONSENT ITEM - 5B -ARUE_-HILLS MEMORANDUM DATE: December 16, 2024 TO: Honorable Mayor and City Councilmembers Jessica Jagoe, Interim City Administrator FROM: Julie Hanson, Assistant to the City Administrator/City Clerk SUBJECT: Joint Development Authority (JDA) Chair Appointment Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A For Council Consideration • Appointing Jonathan Wicklund as the Joint Development Authority (JDA) Chair for a two-year term (2025-2026). Background Per the bylaws of the Joint Development Authority (JDA) that oversees the TCAAP redevelopment project, the City of Arden Hills is responsible for appointing a non -elected member as Chair of the JDA while Ramsey County appoints the Vice Chair. The City -appointed Chair is a two-year position. At its work session on December 9, 2024, the City Council discussed the fact that the current Chair's, Jonathan Wicklund, term would be expiring on December 31, 2024. Chair Wicklund had expressed a desire to continue as the Chair and the City Council considered such. Following Council discussion at the work session, direction was given to Staff to bring the formal appointment of Jonathan Wicklund as the JDA Chair for a two-year term (2025-2026) to a future meeting for Council approval. Budget Impact N/A Attachment N/A Page l of 1 CONSENT ITEM - 5C -ARPEN HILLS MEMORANDUM DATE: December 16, 2024 TO: Honorable Mayor and City Councilmembers Jessica Jagoe, Interim City Administrator FROM: David Swearingen, P.E. Public Works Director / City Engineer SUBJECT: Cummings Park Pavilion Roof Replacement - Steel Budgeted Amount: Actual Amount: Funding Source: $45,000 $40,850 PIR - Parks Council Should Consider Motions to approve, table, or deny the following: • Steel roofing quote from Minnesota Roofing Company in the amount of $40,850 to replace the Cummings Park Pavilion roof. Back2round/Discussion Replacement of the existing Cummings Park Pavilion roof is budgeted in the 2025 CIP. On November 13, 2023, City Council provided direction to move forward with the steel roofing material for the Perry Park Pavilion Roof. With Cummings Park Pavilion serving a similar function for the City, staff requested quotes for steel roofing material although a quote for shingles is also provided in Attachment A. City staff recommends moving forward with green colored steel as it matches the existing shingle color and the new steel roof color at the Perry Park Pavilion. Council may decide to pull this item to discuss if they feel different. City staff received quotes for the steel roofing material from 2 different contractors. Minnesota Roofing Company came in the lowest at $40,850 for steel (Attachment A). Minnesota Roofing Company is the same contractor used for replacing the roof on the Perry Park Pavilion. The quoted price locks in 2024 prices before they increase in 2025. City staff recommends approving the quote. Budget Impact The quote for steel is $4,150 under the budgeted amount. Attachments Attachment A: Steel roof quote from Minnesota Roofing Company Page 1 of 1 Attachment A MNRoofing Company Shingle & 29ga Steel 1071 County Hwy 10 Ste # Roof Estimate 230 Spring Lake Park, MN 11/13/2024 55432 License # BC688547 Phone: (612) 888-7663 Company Representative Andy Kretschmar Phone: (320) 360-2299 andy@mnroofingco.com Jeff Frid City of Arden Hills 1219 Cummings Park Drive Arden Hills, MN 55112 (651) 755-1461 Steel Roofing Section Minnesota Roofing Company to do the following: 1. Remove existing materials down to the decking/base of roof. 2. Re-nail/screw any loose wood/metal. If bad, rotten or un-nailable surface is discovered, it will be replaced at a price of $150 per sheet (per approval along with a signed change order from homeowner). 3. Install High Temp synthetic underlayment to the balance of the roof. 4. Install Central States Starter along all gutter lines, rake edges, and valleys. 5. Install Central States Steel Roofing System with style, color and gauge of your choosing. 6. Install Central States for the Hip & Ridge. 7. Install new metal ridge vents. 8. Install new plumbing flashing as needed. 9. Remove and replace any/all metals if necessary (will communicate any/all replacements before proceeding). 10. Remove and replace any/all damaged/compromised materials if necessary (will communicate any/all replacements before proceeding per a signed change order from the customer. All pricing will be above and beyond the original contract. 11. All work will be preformed to meet the specs of the engineer and city requirements. Note: The price below reflects the steps, materials and man hours necessary to complete this project. Minnesota Roofing Company abides by city code/laws. Inspections are necessary before, during and after the project(s) by the city to approve project processes. If additional steps, materials and/or man hours are needed; the price below may increase to meet necessary pricing. Note: There may be more issues to the roof's structure/condition that are not yet known. Due to this fact, there may be a price increase to this estimate for additional materials, labor, fees etc. Note: There may be a need for decking replacement on sections of structure(s) or on entire structure(s) due to damaged/compromised material(s) and/or to meet current code/law requirements. Replacement is $150/sheet and $15/linear ft. This step will be communicated and discussed before moving forward. - Any/all added change orders will add to the total price of the job(s). Any/all added change orders will be communicated and discussed with before moving forward. Our crews may come across unforeseen obstacles and encounters with materials that may add to the job(s) and the total price of the job(s). This may also delay the completion date for the job(s). - Per city ordinances for construction start time, our start time is 7:00am. Any/all additional costs and lost production incurred due to delayed start time requests will be charged on a change order basis at a rate of $100/lost man hour in addition to the base contract price unless otherwise agreed. - Minnesota Roofing Company will honor the price for a period of 30 days from the submitted date. Minnesota Roofing Company to offer a 20-year manufacturer's warranty and a 10-year workmanship warranty on the roofing. Minnesota Roofing Company to perform project(s) with/on insurance assistance/proceeds. If insurance is involved, please supply necessary documentation and contact for Minnesota Roofing Company's assistance in the supplementing process. -Our crews are licensed and insured. -Crews will maintain safety requirements at all times during the construction process. -Crews clean all job -related debris. *The price below reflects a cash price *Price includes all labor, material, equipment, dumpster, and permits. *All promotions and discounts are applied. *If any woodwork is needed, a change order will need to be approved and signed. *This estimate is based on one laver of roofing. - Minnesota Roofing Company is not responsible for any existing gutter(s), gutter helmets/screens and/or downspout damages that may occur or any other special gutter cover you may have on your gutters. It is up to the customer to have the company that installed them to remove them before the roofing takes place to keep the warranty valid. - Minnesota Roofing Company is not responsible for any additional HVAC, plumbing, electrical, Masonry and/or carpenter work/project(s) they may need to take place during the project. If additional work is required we can facilitate the work to be performed. Any/all steps that need to take place will be communicated with owner before proceeding. This will result in a change in the total project(s) price and a signed change order must be submitted in order to move forward. Payments as follows: 1/3 Down -Payment 1/3 Mid -Way Remaining balance to be paid in full upon completion/invoice. $40,850.00 Shingle Roofing Section IKO Dynasty Limited Lifetime Shingles. Minnesota Roofing Company to do the following 1. Remove existing shingles down to deck. 2. Re -nail any loose wood. If bad, rotten or un-nailable surface is discovered, it will be replaced at a price of $150 per sheet (per approval along with a signed change order from homeowner). 3. Install 6' of Ice and water shield, to meet code, at all gutter lines, valleys, wall lines, and around all chimneys. 4. Install Rhino synthetic underlayment to the balance of the roof. 5. Install IKO starter strip shingles along all gutter lines, rake edges, and valleys. 6. Install IKO Limited Lifetime dimensional shingles per specifications (using 1 1/4" roofing nails). 7. Install IKO for the hip & ridge. 8. Install new ridge vents. 9. Install new plumbing flashing, bathroom vents, and kitchen vents. 10. Install all new drip edge and gutter apron. 11. Remove and replace any/all metals if necessary (will communicate any/all replacements before proceeding). 12. Remove and replace any/all damaged/compromised materials if necessary (will communicate any/all replacements before proceeding per a signed change order from the customer. All pricing will be above and beyond the original contract. 13. All work will be preformed to meet the specs of the engineer and city requirements. Note: The price below reflects the steps, materials and man hours necessary to complete this project. Minnesota Roofing Company abides by city code/laws. Inspections are necessary before, during and after the project(s) by the city to approve project processes. If additional steps, materials and/or man hours are needed; the price below may increase to meet necessary pricing. Note: There may be more issues to the roof's structure/condition that are not yet known. Due to this fact, there may be a price increase to this estimate for additional materials, labor, fees etc. Note: There may be a need for decking replacement on sections of structure(s) or on entire structure(s) due to damaged/compromised material(s) and/or to meet current code/law requirements. Replacement is $150/sheet and $15/linear ft. This step will be communicated and discussed before moving forward. - Any/all added change orders will add to the total price of the job(s). Any/all added change orders will be communicated and discussed with before moving forward. Our crews may come across unforeseen obstacles and encounters with materials that may add to the job(s) and the total price of the job(s). This may also delay the completion date for the job(s). - Per city ordinances for construction start time, our start time is 7:OOam. Any/all additional costs and lost production incurred due to delayed start time requests will be charged on a change order basis at a rate of $100/lost man hour in addition to the base contract price unless otherwise agreed. - Minnesota Roofing Company will honor the price for a period of 30 days from the submitted date. Minnesota Roofing Company to offer a lifetime manufacturer's warranty and a 10-year workmanship warranty on the roofing - Minnesota Roofing Company to perform project(s) with/on insurance assistance/proceeds. If insurance is involved, please supply necessary documentation and contact for Minnesota Roofing Company's assistance in the supplementing process. -Our crews are licensed and insured. -Crews will maintain safety requirements at all times during the construction process. -Crews clean all job -related debris. *The price below reflects a cash price. *Price includes all labor, material, equipment, dumpster, and permits. *All promotions and discounts are applied. *If any woodwork is needed, a change order will need to be approved and signed. *This estimate is based on one layer of roofing. *If additional layers of shingles are discovered, a change order will need to be approved and signed. - Minnesota Roofing Company is not responsible for any existing gutter(s), gutter helmets/screens and/or downspout damages that may occur or any other special gutter cover you may have on your gutters. It is up to the customer to have the company that installed them to remove them h..f..... +k.......C.... +.. I..... -I--- +.. I....... +L..............+., „- N.J - Minnesota Roofing Company is not responsible for any additional HVAC, plumbing, electrical, Masonry and/or carpenter work/project(s) they may need to take place during the project. If additional work is required we can facilitate the work to be performed. Any/all steps that need to take place will be communicated with owner before proceeding. This will result in a change in the total project(s) price and a signed change order must be submitted in order to move forward. Payments as follows: 1/3 Down -Payment 1/3 Mid -Way Remaining balance to be paid in full upon completion/invoice. $19,950.00 1. Contract Documents and Changes. This contract is subject to approval of Minnesota Roofing Company, management who may decline this contract prior to the start of work. This contract merges all agreements between the parties; any representations not written into this contract are not included. Contract documents consist of this contract, addenda, change orders, applicable drawings, plans and specifications. Any alteration or deviation from this contract, including hidden damage, additional work, replacement of deteriorated materials not specified for replacement under this contract including deteriorated decking, fascia boards, ventilators, flashing or any other materials, and additional work required by government inspectors to make the existing structure code compliant requires a written change order signed by all parties and may result in extra charges beyond the contract price. 2. Mechanic's lien rights. Minnesota requires us to provide you with the following notice. a. Any person or company supplying labor or materials for this improvement to your property may file a lien against you property if that person or company is not paid for the contributions. b. Under Minnesota Law, you have the right to pay the persons who supplied labor or materials for this improvement directly and deduct this amount from our contract price, or withhold the amounts due from us until 120 days after completion under the improvement unless we give you a lien waiver signed by persons who supplied labor or material for the improvement and who gave you timely notice. 3. Warranty Rights. In addition to any written warranty we may provide you, you acknowledge receipt of a copy of the warranty provided pursuant to Minnesota Statutes Chapter 327A which may also apply. We hereby disclaim all warranties, express or implied, contract claims, negligence claims, and all other claims for which you have not provided us with written or actual notice within six months from the date of the discovery of the problem and which have not been fully resolved within six months from the date you notified us of the claim. 4. We are not responsible for any cracks in walls or ceilings, or objects like lite fixtures, wall hangings and so forth that may fall or become disabled during this project. We will take into consideration surroundings, such as trees, bushes, flowers, however Minnesota Roofing Company cannot guarantee the surroundings will not be damaged during the construction< you agree to hold us harmless. 5. Owner agrees that in the event payment for said construction is not made promptly when due, there is a payable interest of 1 1/2% per month (annual percentage rate of 18%) unless other arrangements are made. The will also be due a service charge of $10.00 per month on over due accounts. In the event contractor must engage the services of an attorney to enforce this contract, or to collect any sums due hereunder, or to enforce contractor's rights, Owner agrees to pay any and all reasonable attorney fees thereby incurred by the contractor. The final payment in full shall not be delayed while waiting for city to inspect the work. 6. Contractor guarantees workmanship for TEN (10) years on replacement or new buildings construction services, one (1) year one concrete and one (1) year on repairs, but will not be liable for the cost and expense of making the necessary repairs of damages resulting from inherent defect in premises on which work is to be done, nor from acts of God, civil commotions or disorder, fire strikes, accidents, storms severe weather conditions or from other causes beyond reasonable control of the contractor. This warranty is in lieu of all other warranties of merchantability or fitness either or implied. Any repairs or modifications to the specified work done by anyone other than Minnesota Roofing Company will void any and all warranties. WE are not responsible for realignment of you satellite dishes. 7. Access. We are not responsible for ice dams that build on your roof during the winter and that may cause interior leakage. It is solely the homeowners responsibility to have all the snow removed from their roof to help prevent ice dams. We are not responsible for any, dips, cracks, scrapes or any other kind of damage to the sidewalks, patios & driveways. 8. Performance Guidelines. Contractor agrees to complete the work set forth in this contract in accordance with manufacturer's specifications for the installation of all the materials and all applicable construction codes, which are Minnesota Roofing Company "Performance Guidelines". You acknowledge receipt before signing this contract of these Performance Guidelines as required by Minnesota Statute 32613.809 (b). 9. Insurance. Prior to construction, you shall have in place insurance to cover the finished cost of improvements. 10. Cancellation. If prior to our performance of work you cancel this contract without legal right to do so, we will be entitled as liquid damages (and not as a penalty) to our actual costs incurred (including restocking charges) plus 25%of the contract price. After our work has begun, you are responsible for the entire contract price. YOU ACKNOWLEDGE RECEIPT BEFORE SIGNING THIS CONTRACT OF THE CANCELLATION NOTICES REQUIRED BY MINNESOTA STATUTES 326B.811. 11. Ice and Water Shield. After removing the roofing, there may be existing Ice and Water Shield that cannot be completely removed, (unless the decking is torn up. There will be additional funds above and beyond the existing contract and a signed change order between both parties), we will install a new layer of Ice and Water shield over the existing. 12. Pre -Existing Roof/Sheathing/Trusses/Soffit/Fascia/Siding/Windows/Gutters/Decks or house settling and or structural issues such as roof line not being completely level, decking being warped, Soffit being uneven, Fascia being unleveled, trusses being warped and or house settling making uneven plane plumb and leveling of the structure. If ignored it may result in the material not being completely flat, plumb, level or flush, Unless specified in the contract in the to do any of the following woodwork. Minnesota Roofing Company is held harmless for this pre-existing issue. 13. Minnesota Statutes Section 325G.06. You may rescind as set forth in the Notice Of Cancellation. You, the buyer, may cancel this purchase at any time prior to midnight of the third business day after the date of this purchase. Any extra material is the property of Minnesota Roofing Company Company Authorized Signature Customer Signature Date Date Customer Signature Date