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HomeMy WebLinkAboutApril 18, 2017 Shakopee City Council P"tJ April 18,2017 HAKE 7:00 PM City Hall 129 Holmes St. Shakopee Mission Statement The Mission of the City of Shakopee is to provide the opportunity to live, work and play in a community with a proud past,promising future, and small town atmosphere within a metropolitan setting. A.Keep Shakopee a safe and healthy community where residents can pursue active and quality lifestyles. B.Positively manage the challenges and opportunities presented by growth,development and change. C.Maintain the City's strong financial health. D.Maintain,improve and create strong partnerships with other public and private sector entities. E.Deliver effective and efficient public services by a staff of well-trained,caring and professional employees. E Housekeeping item. Mayor Bill Mars presiding 1. Roll Call 2. Pledge of Allegiance 3. Approval of Agenda 4. Consent Business - (All items listed in this section are anticipated to be routine. After a discussion by the Mayor there will be an opportunity for members of the Council to remove any items from the consent agenda for individual discussion. Those items removed will be considered following the Public hearing portion of the agenda. Items remaining on the Consent Agenda will not be discussed and will be approved in one motion.) A. Planning and Development A.1. *Set Public Hearing Date for Vacation of Drainage and Utility Easement A.2. *Award of Contract for Construction Manager as Agent for Downtown Improvements B. Police and Fire B.1. *Surplus Property C. Public Works and Engineering C.1. *Award a Contract for the 2017-1 Street Reconstruction Project C.2. *Receive a Feasibility Report and Set a Public Hearing Date for the 2017 Alley Reconstruction, Project 2017-6 D. Personnel D.1. *Ratification of the LELS Sergeants Contract for 2017-2019, Res. No. 7867 D.2. *Ratification of the LELS Patrol Union Contract for 2017-2019, Res. No. 7868 E. Parks and Recreation E.1. *Award of Contract for Lions Park Warming House/Shelter Construction, Project No. PR2016-2, Resolution No. 7859 E.2. *Award of Contract for Tahpah Baseball Field Construction, Project No. PR2017-2, Resolution No. 7858 E.3. *Community Room Use Guidelines E.4. *Donations to Archery Range E.S. *Aquatic Park Diving Well Painting F. General Administration F.1. *City Bill List F.2. *City Council Minutes F.3. *Temporary Liquor License - Minnesota Farm Winery Association F.4. *O'Brien's Public House Request to Allow Alcohol to be Consumed in Parking Lot F.5. *Volunteer Flower Garden Policy 5. RECOGNITION OF INVOLVED CITIZENS BY CITY COUNCIL- Provides an opportunity for the public to address the Council on items which are not on the agenda. Comments should not be more than five minutes in length. The Mayor may adjust that time limit based upon the number of persons seeking to comment. This comment period may not be used to make personal attacks, to air personality grievances, to make political endorsements or for political campaign purposes. Council Members will not enter into a dialogue with citizens, and questions from Council will be for clarification only. This period will not be used to problem solve issues or to react to the comments made, but rather for informational purposes only. 6. Business removed from consent will be discussed at this time 7. Public Hearings A. PUBLIC HEARING: SMSC Vacation of Roadway Easment 8. Recess for Economic Development Authority Meeting 9. Reconvene 10. General Business A. Planning and Development A.1. Rezone property to R-1B, R-2, R-4 & B-1; Reguide property to Single Family, Medium Density & High Density Residential and Commercial; Establish a PUD Overlay District for a proposed mixed use development and approve a Preliminary Plat for Windermere A.2. Final Plat of West Vierling Acres Second Addition B. General Administration B.1. 2017 City Council Mayoral Liaison Appointments 11. Workshop A. Community Center Membership Fees B. Enterprise Funds Analysis C. Purchasing Policy &Automated Accounts Payable Review 12. Liaison and Administration 13. Other Business 14. Adjournment to May 2, 2017 at 7:00 p.m. A.I. H+ T OPFF Shakopee City Council April 18, 2017 FROM: Kyle Sobota, Senior Planner TO: Mayor and City Council Subject• Resolution setting the public hearing date for vacation of drainage and utility easement near the Prior Lake Outlet Channel Policy/Action Requested: Offer a motion to approve Resolution No. 7865, a resolution setting the public hearing date of May 14, 2017 for the vacation of a drainage and utility easement located within the proposed Ridge Creek subdivision. Recommendation: Offer a motion to approve Resolution No. 7865, a resolution setting the public hearing date of May 14, 2017 for the vacation of a drainage and utility easement located within the proposed Ridge Creek subdivision. Discussion• Paul Tabone of Lennar Homes has applied for the vacation of a drainage and utility easement within the proposed Ridge Creek subdivision. The proposed easement vacation is an easement held by both the Prior Lake - Spring Lake Watershed District and the City of Shakopee for an area near the outlet channel. The extension of Crossings Boulevard is proposed to cross this easement. The easement should be vacated prior to the recording of a final plat of Ridge Creek. MN State Statute and City Code requires the City Council to adopt a resolution setting the public hearing for a proposed vacation of a drainage and utility easement or right-of-way. The Planning Commission will review the vacation request on May 4th and the public hearing is scheduled for the May 16th City Council meeting. Budget Impact• N/A. ATTACHMENTS: ❑ Location Drawing a Resolution No. 7865 N a tl L 2 o i e '=Y" aj I W VS in Q N d .._..___.._ O o a 2A HAM,A aAAxagxs`gIg2 5S Y _ & ss=p�a9sxaaee�a�a .� rz-e9 oeE Ee s a c p ecaesa ccca se^sgc � s. =," :� s g g 00� ............ g €€Ii€ €€ ggggggg 11111I1E�81®� (I ,�,...> 177 S r m fig i Nv t o �1 zz0 i i 9 J I) ti r r7—, �� 4 _ EEEEg g Mil k a 3 RESOLUTION NO. 7865 A RESOLUTION SETTING THE PUBLIC HEARING DATE TO CONSIDER THE VACATION OF A DRAINAGE AND UTILITY EASEMENT WITHIN THE PROPOSED RIDGE CREEK SUBDIVISION WHEREAS,it has been made to appear to the Shakopee City Council that a drainage and utility easement located within the proposed Ridge Creek subdivision near the Prior Lake— Spring Lake Outlet Channel (see attached drawing),is no longer of public use or interest; and WHEREAS, a public hearing must be held before an action to vacate can be taken and two weeks published and posted notice thereof must be given. WHEREAS,two weeks published notice will be given in the SHAKOPEE VALLEY NEWS and posted notice will be given by posting such notice on the bulletin board on the main floor of the Scott County Courthouse, the bulletin board at the U.S. Post Office, the bulletin board at the Shakopee Public Library, and the bulletin board in the Shakopee City Hall. NOW, THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA,that a hearing be held in the Council Chambers at 129 Holmes Street South, Shakopee, MN on the 16th day of May, 2017, at 7:00 P.M. or thereafter, on the matter of vacating a drainage and utility easement located within the proposed Ridge Creek subdivision near the Prior Lake— Spring Lake Outlet Channel (see attached drawing). Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of , 2017. Mayor of the City of Shakopee ATTEST: Lori Hensen, City Clerk A.2. SHAKOPEE Shakopee City Council April 18, 2017 FROM: Michael Kerski TO: Mayor and Council Members Subject: To award a contract for Construction Manager as Agent for the Downtown improvements. Policy/Action Requested: Approve Resolution 7869, which awards a contract to RJM Construction for not to exceed $98,000. Recommendation: Staff recommends adoption of Resolution 7869. Discussion: The City has worked for a number of years on creating a plan for Downtown improvements and W SB has completed 50% plans. City staff would like to have the City's Construction Manager as Agent work with WSB to ensure that the project is brought in on budget and can be completed before the end of this year. This is a complicated project since it includes work in a highway, paving, landscaping, specialty paving and coordination with property owners and businesses. It will also include working on construction of the concrete alley that will be part of a Special Assessment. Four firms submitted qualifications and fee outlines. They were: Loeffler Construction CPMI RJM Construction Terranova RJM is currently working on completing construction work on the Community Center. They are also the Construction Manager on call for a number of cities in the region and have substantial experience successfully managing public improvement projects. RJM proposed a fee not to exceed $98,000 that includes preconstruction services, value engineering, bidding, construction and project management. They proposed to include within their fee a performance payment of$10,000 should the project be built on time and budget to the City's satisfaction. Payment of said performance payment would be at the discretion of the City. Budget Impact• Construction is budgeted for in a number of areas including the EDA, Stormwater Fund, Tree Fund, and Capital Improvement Program. ATTACEMENTS: a Resolution 7869 RESOLUTION NO. 7869 A Resolution to Award a Contract for Construction Manager as Agent WHEREAS, pursuant to a request for proposals for professional services for Construction Manager as Agent, proposals were received on April 7, 2017 and reviewed and; WHEREAS,it appears that RJM Construction of 701 Washington Avenue North, #500, Minneapolis, Minnesota 55401 has proposed comprehensive construction management services including preconstruction and bidding, construction management and final punch list work at a competitive cost and has substantial experience with similar projects. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE MINNESOTA: The City Administrator or his assign is hereby authorized and directed to enter into a contract with RJM Constriction in the amount not to exceed $98,000 in the name of the City of Shakopee for construction manager as agent for the construction of downtown improvements that include the new concrete alley, Lewis Street parking lot, River City Plaza and Gateway Plaza. Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held this 18th day of April 2017. Mayor of the City of Shakopee ATTEST: City Clerk B.I. ST-TAKOPF.F. Shakopee City Council April 18, 2017 FROM: Chris Dellwo, Captain TO: Mayor and Council Members Subject• Declare Six Forfeited Vehicles as Surplus Property Policy/Action Requested: The council is asked to declare six forfeited vehicles as surplus property and authorize their disposal. Recommendation: If council concurs, it is asked to declare the below described vehicles as surplus property. Discussion• The following vehicles were obtained through successful forfeiture proceedings: 1. 1998 Chrysler Fifth Avenue, VIN: 1 C3 BF66P 1 JW 133142 2. 2001 Ford F-150, VIN: I FTRW08L2 I KD63 894 3. 2002 Mercury Sable, VIN: 1MEFM50U52G639031 4. 2004 Buick LeSabre, VIN: IG4HP54K844144686 5. 2005 Pontiac Grand Prix, VIN: 2G2WS522551240807 6. 2009 Mercedes C300, VIN: WDDGF81X59F236313 After being declared surplus, the vehicles will be sold at auction and the proceeds, if any, will be disbursed according to Minnesota State Statute. Budget Impact• None C.I. H+ T OPFF Shakopee City Council April 18, 2017 FROM: Ryan Halverson, Assistant City Engineer TO: Mayor and Council Members Subject• Award a Contract for the 2017-1 Street Reconstruction Project Policy/Action Requested: Approve Resolution 7860, which accepts the bids and awards a contract for the 2017 Street Reconstruction, Project 2017-1 to Kuechle Underground Inc. and approve a 5% contingency amount on this project for use by the City Engineer in authorizing change orders or quantity adjustments on this project. Recommendation: Adopt Resolution 7860 Discussion• On March 7, 2017, City Council adopted Resolution No. 7844, which approved the plans and specifications and authorized staff to advertise for bids for the 2017 Street Reconstruction, Project 2017-1. On April 11, 2017, a bid opening was held for the 2017 Street Reconstruction Project, in which there were eleven bids opened for this reconstruction project. The bids are summarized in the attached resolution. From the bid opening, the low bidder is Kuechle Underground Inc. with a bid of$1,666,751.40. The feasbility report construction cost estimate for this project is $2,089,000.00. The Preliminary Engineering report included a project cost estimate of$2,582,000.00. Adding a 5% contingency to the low bid and 18% indirect costs, the projected project cost is approximately $2,000,101.68. If Council awards the contract, staff is also requesting a contingency amount equal to 5% of the contract to cover minor change orders and quantity adjustments that may occur on the project. Budget Impact• This project is funded by Assessments, Tax Levy, Shakopee Public Utilities, the Sanitary Sewer Fund and the Storm Sewer Fund. ATTACHMENTS: a Resolution 7860 RESOLUTION NO. 7860 A Resolution Accepting Bids For For The 2017 Street Reconstruction Project 2017-1 WHEREAS, pursuant to an advertisement for bids for the 2017 Street Reconstruction, Project 2017-1, bids were received, opened on April 11, 2017, and tabulated according to law, and the following bids were received complying with the advertisement: Bidder Amount KUECHLE UNDERGROUND INC $1,666,751.40 LATOUR CONSTRUCTION INC $1,726,854.03 WM MUELLER& SONS INC $1,747,073.32 RL LARSON EXCAVATING INC $1,867,366.08 NORTHWEST ASPHALT INC $1,873,645.00 R&R EXCAVATING INC $1,908,124.62 NORTHDALE CONSTRUCTION CO INC $1,978,255.19 HESELTON CONSTRUCTION INC $1,985,478.15 PARK CONSTRUCTION CO $2,177,482.75 BCM CONSTRUCTION INC $2,123,378.25 MIDWEST CIVIL CONSTRUCTORS LLC $2,289,484.00 WHEREAS, it appears that Kuechle Underground Inc., 10998 State Highway 55, Kimball, MN 55353, is the lowest responsible bidder for the 2017 Street Reconstruction Project; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: 1. The appropriate City officials are hereby authorized and directed to enter into a contract with Kuechle Underground Inc. in the name of the City of Shakopee for the 2017 Street Reconstruction Project according to the plans and specifications therefore approved by the City Council and on file in the office of the City Clerk. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 2017. Mayor of the City of Shakopee ATTEST: City Clerk ENGR/2017-PROJECTS/2017-RECONSTRUCTION/WORD/RES7860-AWARD-CONTRACT C.2. H+ T OPEE Shakopee City Council April 18, 2017 FROM: Ryan Halverson, Assistant City Engineer TO: Mayor and Council Members Subject: Receive a Feasibility Report and Set a Public Hearing Date for the 2017 Alley Reconstruction, Project 2017-6 Policy/Action Requested: Adopt Resolution 7861, a resolution receiving a Preliminary Engineering Report and calling for a public hearing on the 2017 Alley Reconstruction project 2017-6. Recommendation: Adopt Resolution 7861 Discussion: On February 21, 2017, the Shakopee Economic Development Authority ordered the preparation of construction plans for improvements to the downtown business district, including the Lewis Street parking lot and the adjacent alley. Per policy, a portion of the construction cost of the alley is to be assessed, creating the need for this feasibility report. The purpose of the report is to evaluate the existing infrastructure (streets, utilities, drainage) and make recommendations for any improvements that are needed. The report also addresses the estimated costs for the improvements and the proposed assessments that result from the project being constructed. The attached resolution sets a date for the public hearing for this project for May 16, 2017. The approval of Resolution 7861 does not order the project nor does it commit the Council to constructing any improvements. The intent of this resolution is to accept the report and set the public hearing date. The public hearing will allow the property owners adjacent to the project area and the general public the opportunity to address the City Council on this project. Staff will make a full presentation at the May 16, 2017 public hearing on the report to the public and the City Council. Budget Impact• If the project is approved, it will be funded by the storm sewer fund and special assessments. ATTACHMENTS: Preliminary Engineering Report - 2017 Alley Recon Resolution 7861 Preliminary April 2017 Engineering Report SHAKOPEE 2017 Alley Reconstruction • Alley between 1St Avenue & 2" Avenue and Lewis Street & Sommerville Street Alley Reconstruction and Appurtenant Work ."t � a PRELIMINARY ENGINEERING REPORT 2017 ALLEY RECONSTRUCTION • Alley between 1St Avenue & 2nd Avenue and Lewis Street& Sommerville Street City Project Number 2017-6 April 2017 Prepared By: City of Shakopee Engineering Department 129 South Holmes Street Shakopee,MN 55379 (952) 233-9300 (952) 233-3803 (Fax) Preliminary Engineering Report 2017 Alley Reconstruction City of Shakopee,MN City Project No: 2017-6 PRELIMINARY ENGINEERING REPORT FOR 2017 ALLEY RECONSTRUCTION SHAKOPEE, MINNESOTA I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly licensed Professional Engineer under the laws of the State of Minnesota. a*-g-.7 � If Ryan Halverson Date April 13, 2017 License No. 49803 Preliminary Engineering Report 2017 Alley Reconstruction City of Shakopee,MN City Project No: 2017-6 EXECUTIVE SUMMARY The intent of this section is to highlight the important issues of this project. More detailed information is contained in the body of the report. On February 21, 2017, the Shakopee Economic Development Authority ordered the preparation of construction plans for improvements to the downtown business district, including the Lewis Street parking lot and the adjacent alley. Per policy, a portion of the construction cost of the alley is to be assessed, creating the need for this feasibility report. The proposed improvements consist of installing new storm sewer and reconstructing the alley with concrete pavement for: • Alley between 1St Avenue & 2nd Avenue and Lewis Street and Sommerville Street The total estimated costs for the proposed improvements are $120,000 for the alley concrete pavement improvements and the storm sewer improvements. The project will be funded as follows: Assessments (25% of street improvements) $ 30,000.00 Storm Sewer Fund $ 90,000.00 TOTAL PROJECT COST $ 120,000.00 (Note: numbers in the report are rounded) Preliminary Engineering Report 2017 Alley Reconstruction City of Shakopee,MN City Project No: 2017-6 TABLE OF CONTENTS Description Page No. 1. Introduction 1 2. Scope 1 3. Background 1 4. Existing Conditions 1 5. Proposed Improvements 2 6. Special Assessments 4 7. Estimated Costs 5 8. Funding Sources 5 9. Conclusion 5 Appendix 6 Preliminary Engineering Report 2017 Alley Reconstruction City of Shakopee,MN City Project No: 2017-6 1. INTRODUCTION On February 21, 2017, the Shakopee Economic Development Authority ordered the preparation of construction plans for improvements to the downtown business district, including the Lewis Street parking lot and the adjacent alley. Per policy, a portion of the construction cost of the alley is to be assessed, creating the need for this feasibility report for the following alley: • Alley between 1St Avenue & 2nd Avenue and Lewis Street and Sommerville Street This project is included in the City's Proposed 2017 Capital Improvement Program. 2. SCOPE This report will determine the feasibility and cost effectiveness of reconstructing the above-mentioned alley. All existing infrastructure elements (street, utilities, etc.)within the project area were evaluated as part of this report. The report will provide a description of the proposed improvements, an itemized cost estimate, a cost apportionment and a preliminary assessment roll. 3. BACKGROUND Based on the asbuilt information the City has for the proposed project area, it appears the alley was bituminous paved in 1995. Improvements to the alley have since been limited to patching. The existing pavement of the alley project area are deteriorated to the point where they require more than normal maintenance. There are many transverse and longitudinal cracks, areas of patching, and drainage problems. 4. EXISTING CONDITIONS The existing conditions are identified in Drawing 1 in the Appendix. The alley has a bituminous pavement surface that varies in width, has some drainage problems and has deteriorated significantly and requires more than normal patching. Preliminary Engineering Report 2017 Street Reconstruction City of Shakopee,MN City Project No: 2017-6 5. PROPOSED IMPROVEMENTS The proposed project area is identified in Drawing 3 in the Appendix. The proposed improvements are as follows: 5.1 Alley Reconstruction The alley between 1St Avenue and 2nd Avenue and Lewis Street and Sommerville Street is proposed to be reconstructed a width of 12-feet. It will be constructed with concrete pavement and have an inverted crown allowing for drainage down the center of the alley. For the most part, existing grades and drainage patterns will need to be maintained. The proposed storm sewer improvements consist of replacing some storm sewer structures at the west end of the alley on Lewis Street and adding storm sewer pipe and an inlet structure for the inverted center crown. The improvements are identified in Drawing 2 in the Appendix. The total estimated cost for the alley reconstruction is $120,000.00. 6. SPECIAL ASSESSMENTS 6.1 Alley Reconstruction 25% of the project costs for the alley and storm sewer improvements are proposed to be assessed on a front footage basis to benefiting properties. The remaining 75% of the project cost for the proposed alley improvements will be funded by the Storm Sewer Fund. The estimated assessment rate for the proposed street improvements is $50.00 per front foot. A preliminary assessment roll is included in the Appendix. Actual Assessments will be based on the final proiect costs and apportionments. Preliminary Engineering Report 2017 Street Reconstruction City of Shakopee,MN City Project No: 2017-6 7. ESTIMATED COSTS An itemized cost estimate is included in the Appendix. The following costs were prepared using 2016 construction costs and are subject to change,depending on the final design of the project, bids received, and actual work performed. A summary of the estimated construction costs plus a 10% contingency, engineering and administration costs for the project are as follows: Alley Improvements $ 120,000.00 TOTAL PROJECT COST $ 120,000.00 8. FUNDING SOURCES A summary of the estimated funding apportionment for the recommended improvements is as follows: Assessments $ 30,000.00 Storm Sewer Fund $ 90,000.00 TOTAL PROJECT COST $ 120,000.00 9. CONCLUSION From an engineering standpoint,the recommended improvements are feasible, cost effective and necessary to maintain the City's existing infrastructure. Preliminary Engineering Report 2017 Street Reconstruction City of Shakopee,MN City Project No: 2017-6 APPENDIX Existing Conditions Proposed Alley Improvements Proposed Area of Improvements Cost Estimate Assessment Roll Preliminary Engineering Report 2017 Street Reconstruction City of Shakopee,MN City Project No: 2017-6 ViOS3NNIW `33d011VHS w «, IT NOIlon N1SNOO AlIlun T 133NIS I'M ,' m S1N3W3AONd WI NMOINMOO O r ,N013933s _ Ip 3Nf1 H�Jl I Otj ao I a 0 1 a Ips � ���s I I ! jml z LU K VL 2� i i 9 ZZ'4L 991' // „P � I sill 995 of I I � x 08V33S _ III 3NI1 H01VW v ni i I p y eaa Nil�9!sead io3 ueld Rally t[-sst[o\AI!w3\6uryiam\vim\ot[-ss't[oVM ViOS3NNIW `33d011VHS w NOIlon N1SNOO AlIlun T 133NIS I'M S1N3W3AONd WI NMOINMOO O N M013033s _ Ip 3NI1 H'Jl W Otj LU ; a. 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NE 3 � � PROJECT LOCATION SHAKOPEE ENGINEERING DEPARTMENT Opinion of Probable Cost WSB Project: Shakopee Downtown Improvement Project City of Shakopee 01756-17 Itcm Description Unit Estimated Estimated Unit Estimated Total Cost Quantity Price SCHEDULE B - .ALLEY IMPROVEMENTS Ge` hh it MOBILIZATION LUMP SUM 1 $10,000.00 $10,000.00 UTILITY COORDINATION LUMP SUM 1 $1,000.00 $1,000.00 TRAFFIC CONTROL LUMP SUM 1 $1,000.00 $1,000.00 EROSION CONTROL LUMP SUM 1 $8,250.00 $8,250.00 Subtotal $20,250.00 Removals �ti I TREE REMOVAL 1 1 $500.00 $500.00 REMOVE CONCRETE CURB AND GUTTER LIN FT 138 $5.00 $687.50 REMOVE CONCRETE WALK SQ FT 0 $1.00 $0.00 REMOVE BITUMINOUS DRIVEWAY PAVEMENT SQ YD 781 $2.50 $1,952.50 SAWING BITUMINOUS PAVEMENT(FULL DEPTH) LIN FT 211 $3.00 $633.60 REMOVE BRICK PAVERS SQ FT 332 $5.00 $1,661.00 Subtotal $5,434.60 Grading and Utilities COMMON EXCAVATION CU YD 221 $15.00! $3,320.37 SUBGRADE PREPARATION RD ST 4 $300.00 $1,050.00 AGGREGATE BASE CLASS 5 CU YD 221 $25.00 $5,533.95 REMOVE SEWER PIPE(STORM) LIN FT 55 $12.50 $687.50 REMOVE DRAINAGE STRUCTURE EACH 2 $250.00 $500.00 15"RC PIPE SEWER LIN FT 55 $50.00 $2,750.00 24"RC PIPE SEWER LIN FT 11 $55.00 $605.00 CONNECT TO EXISTING STORM SEWER EACH 1 $750.00 $750,00 ADJUST FRAME AND RING CASTING EACH 1 $500.00 $500.00 CONST DRAINAGE STRUCTURE DES 484020 LIN FT 10 $500.00 $5,000.00 CONSTRUCT DRAINAGE STRUCTURE DESIGN SPEC 1 EACH 1 $1,500.00 $1,500.00 CASTING ASSEMBLY EACH 2 $650.00 $1,300.00 Subtotal $23,496,82 HardstapetPaving71 CONCRETE PAVEMENT 6"(ALLEY PAVEMENT) SQ YD 684 $55.00 $37,631.00 BITUMINOUS MATERIAL FOR TACK COAT GALLON 3 $3.00 $9.24 TYPE SP 9.5 WEARING COURSE MIX(2,B) TON 7 j $60.00 $417.65 TYPE SP 12.5 NON WEAR COURSE MIX(2,B) TON 10 $60.00 $626.47 CONCRETE CURB AND GUTTER DESIGN 8618 LIN FT 141 $20.00 $2,816.00 6"CONCRETE PAVEMENT(CROSSWALK) SQ YO 18 $60.00 $1,080.00 TRUNCATED DOMES SQ FT 24 1 $50.00 $1,20000 Subtotal $43,780,36 Site Furnishings SIGNS LUMP SUM 1 $1.875.00 $1,875.00 Subtotal $1,875.00 TOTAL $94,840.00 CONTINGENCY TOTAL 10% $9,484.00 TOTAL $104,000.00 t\�trCc� �5 + �e C�rone� To�dl �lap,�sC�O•�' K:\01756-170\QuantityNPrelirninary\01756-17_Shakopee Downtown_OPC.Asm *' 0 0 0 0 0 0 0 0 0 O O O O O Lr) O O O HE LL. l0 l0 M M c-I c-I M M M O ' \ QH0 HLn i/? 41 wo .f6+ LL O O O 0 O O O L O m m k.0k.0k.0 LL O LL 66 n Lf1 H O O O O O N N O O O aLf) w w w Z w pN p w p w Ln Lu Lu LU w p w p w V)c2w 1 LL LL LL Y 0n 0 LL n LL LL 0 n 0 14 O 0 LL rq n OLL 0 pY o Y -O Y O `1 p 0 Y -O Y -O `1 p Q N LL Q Q N LL Q u m Q O x -O O x N x -O 0 x c 2 N LL 2 N Lu 2 c 2 c 2 N ++ N U N -O N UN O N 'O 0 V) 'O LL N O N O V) -O Q LL LL U N LL m LL 'fin LL U LL U 0 LL � LL � LL U 'L O O w0 c LLO o 1O O '> O o rnO O '> O '> O 4J U -0 N U > w U — U O U > LL U > V O V O U > v -0 o2S v v - v -Zt v _ 0 v ia 0 v v v -0 f0 E N c-I 7 N N N 7 7 F N F N E 7 bA f0 to to ro ro O ro ro to ro O ro O ro to y Z N H Z Z (-4 LL Z Y Z Z 0 Z Y Z Y Z � J c O O c N c p c U c N c N `� c U c U c N p O Y O O O O O p Z O O O O O O VI U VI Y VI U VI mVI Y VI Y 7 m 7 m VI Y > O > O > O > 10 > O > O > > > O -O m 'O 'O m 'O O 'O m 'O 'O O 'O O 'O ci m -0 Lf) O -0 -0m O O -0 CO 7 p 7 ry) 7 0 7 7r� 7 ^ 7 7 7 p N p N 0 N O N N O N 0 N N N O O n N rn M n rn Lr) a) Ln m m m Lr) Lr) M Ca m H Lr) Lr) 0 Lr) Lr) Lr) (N c-I Lr) Lr) Lr) Ii Lr) z -Zt m Lr) L z z -Zt z z m � Lz `r) w L LL Z Q w w Z w Y Q w L LL LL LL > Q O Q LL 3 oz oz z o z 0 Q o O vxi vxi ALU vxi m a ran v vxi V) W J Q H n m cc rn '-'-' cC rn Q H N w K z rn rn rn w p Q Y V) V) a > 0 w LL V) wx W O v Q a m Q ~ c�c w w o L J J z G 2 M C7 O d LU O O N 0 ci l0 N c-I l0 3 x x (N V) m n O n m al al c-I (N l0 -Zt c-I (N r� N N Ca ci O n W O Lr) O c c Lr) c-I c-I c-I -Zt c-I c-I N N tnN N H � W W L J J > > rn Q WWc cWc W W W W rn MG G W W W W V) > > > > O O Q Q Q Q W CL In In Ii Ii Ii ci J 0 -Zt N N O N N m d cN-I ci N N N N I i � J N J N Q Ju LU W o U J J L L J Q d W W 06 W V) N 06 = W W N Z06 as O O 0 0 _ w cc LL < Z U Q Q w U cc O x O Q 41 Z vxi vxi z z r w W In Ln y r- 1 O O O z Y Z w H J O } } m cc r cc Q O u u x x L GJ O O O O O O O O O Ln a) Ii N m -Zt Ln l0 Ii co co co co co co a) C c-I c-I c-I c-I c-I c-I c-I c-I c-I O O O O O O O O O d N d N N N N N N N N 14 RESOLUTION 7861 A Resolution Receiving A Report And Calling A Hearing For The 2017 Street Reconstruction Project Project 2017-1 WHEREAS, a report has been prepared by the City Engineer, with reference to the 2017 Alley Reconstruction Project, Project 2017-6, and this report was received by the Council on April 18, 2017. NOW, THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: 1. The Council will consider the 2017 Alley Reconstruction Project and all appurtenant work in accordance with the report and the assessment of abutting and benefited property for all or a portion of the cost of the improvements pursuant to Minnesota Statutes Chapter 429 at an estimated total cost of the improvement for the 2017 Alley Reconstruction of$120,000.00. 2. A public hearing shall be held on such proposed improvements on the 16'h day of May, 2017, at 7:00 P.M. or thereafter, in the Council Chambers of City Hall, at 129 South Holmes Street, Shakopee, Minnesota, and the Clerk shall give mailed and published notice of such hearing and improvement as required by law. 3. The work of this project is hereby designated as part of the 2017-6 Public Improvement Proj ect. 4. The City Council shall let the contract for all or part of the improvements as authorized by Minnesota Statutes 429.041, no later than three years from the date of adoption of this resolution. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 2017. Mayor of the City of Shakopee ATTEST: City Clerk ENGR/2017-PROJECTS/2017-ALLEY RECONSTRUCTION/WORD/RES7861-RECEIVE-REPORT-CALLING-HEARING D.I. ST-TAKOPF.F. Shakopee City Council April 18, 2017 FROM: Jennifer Gabbard TO: Mayor and Council Members Subject• Resolution 7867, ratifying the LELS Sergeants Union Contract for 2017-2019 Policy/Action Requested: To authorize the appropriate officials to enter into the attached labor agreement with Law Enforcement Labor Services (LELS), representing the City's eight Police Sergeants. Recommendation: The City Administrator and I recommend ratification of the negotiated contract as it represents a fair and reasonable deal for the City and our employees. Discussion• The contract with the City's Sergeants union expired on December 31, 2016. The City has held several negotiating meetings with representatives of the Sergeants union to arrive at the attached contract. The negotiated contract includes the following: 1. Article 21 — Uniforms We provided a $25 increase in the uniform allowance for the life of the contract. The expired contract's uniform allowance was $875, this contract will bring it up to $900 for all three years of the contract. 2. Article 25 — Sick Leave We agreed to allow an employee who has a Sick Leave Bank balance to convert those hours over to the Post-Employment Health Care Savings Plan at a conversion rate of 3 to 1 hours. 3. Article 26 — Post-Employment Health Care Savings Plan We corrected the amount that is provided to employees on a monthly basis for having our health insurance. It had previously been $25, but was increased to $35 in 2015. 4. Article 30 — Special Duty Pay We increased the additional monthly pay for the Sergeant assigned to the SW Drug Task Force from $280 to $300, and the Sergeant assigned to be Administrative Sergeant from $200 to $225 per month. 5. Article 31 — Wages This is a new article for the Sergeants contract. The previous contract did not have specific wage information in it. The new contract explains the wage increases agreed upon. 6. Article 31 — Wages We agreed on a 3% general wage increase each year of the contract. Current wages for the City's Sergeants are below average based on analysis from our list of Comparable Cities. Non-union City employees received a 3% wage increase for 2017, and we feel that a 3% wage increase for each year of the contract is a reasonable increase, based on some concessions made by the union for the new contract. 7. Article 33 — Duration We agreed to a three-year duration for the new contract. It would be valid January 1, 2017 to December 31, 2019. 8. Appendix A— Wages The amounts listed in Appendix A were increased 3% over the 2016 rates, each year of the life of the contract. 9. Appendix B — Incentive Pay System Appendix B was changed to include some changes to the incentive pay system. The Education/Training section was changed, we increased the additional monthly for a Master's Degree, and the Continuing Education/Training sections. These went from $60 a month, to $80 a month. Additionally, we will now be requiring 14 P.O.S.T. credits, instead of 24 credits. We feel as though continual training is very important, and we want all employees to continue to learn. The Community Service section was changed. We wanted to make sure that the community service was done in Shakopee, and we allowed this incentive to be eligible upon hire. Lastly, we updated the Fitness section, to know include another level of Standards, while maintaining the 50th percentile standards, we are implementing a new 80th percentile standard. Physical fitness is very important component to our City employees, but especially our Police Department employees. 10. Appendix C — Post-Employment Health Care Savings Plan (HCSP) Contribution Schedule for LELS Members The only change in this appendix was the increase that was previously made in the City's contribution to the HCSP, which went from $25 to $35 in 2015. Budget Impact• Funding for the 3% wage increase for 2017 is available within the current 2017 budget. The wage increases for 2018 and 2019 will need to be planned for in their respective budgets. ATTACEMENTS: ❑ 2017-2019 Red-lined Sergeants Contract ❑ 2017-2019 Final Sergeants Contract ❑ Resolution 7867 - Ratification of LELS Sergeants Contract for 2017-2019 LABOR AGREEMENT BETWEEN THE CITY OF SHAKOPEE AND LAW ENFORCEMENT LABOR SERVICES, INC. Police Sergeants Effective January 1 , 2017 — December 31 , 2019 INDEX ARTICLE PAGE 1 PURPOSE OF AGREEMENT.................................................... ... ... ... .... 4 2 RECOGNITION.......................................................................... ... ... ... ..... 4 3 DEFINITIONS ......................................................................... ... ............... 4 4 EMPLOYER SECURITY .......................................................... ................. 5 5 EMPLOYER AUTHORITY ....................................................... ................. 5 6 UNION SECURITY ................................................................. .................. 5 7 EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE ............................... 6 8 SAVINGS CLAUSE .................................................................. ................. 8 9 SENIORITY ........................................................................ ....................... 8 10 DISCIPLINE ......................................................................... ..................... 9 11 CONSTITUTIONAL PROTECTION .......................................................... 10 12 WORK SCHEDULE .................................................................................. 10 13 OVERTIME ................................................................................ ............... 10 14 COURT TIME .................................................... ....................................... 10 15 CALL BACK TIME ..................................................................................... 11 16 WORKING OUT OF CLASSIFICATION ................................................... 11 17 INSURANCE ............................................................................. ............... 11 18 STANDBY .................................................................................... ............. 11 19 UNIFORMS ................................................................................................ 11 20 LONGEVITY .............................................................................................. 11 21 HOLIDAYS ................................................................................................. 12 INDEX ARTICLE PAGE 22 VACATIONS ......................................................................................... 13 23 SICK LEAVE .......................................................................................... 13 24 BEREAVEMENT LEAVE ...................................................................... 13 25 SEVERANCE PAY ................................................................................ 14 26 POST EMPLOYMENT HEALTH CARE SAVINGS PLAN... ... ....... ... 14 27 INJURY ON DUTY ................................................................................ 14 28 POST LICENSE ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .... 14 29 WAIVER ................................................................................................ 14 30 SPECIAL DUTY PAY... ... ... ... ... ... ... ... ... ... ... ... ... ........ ... ... ... ...... 15 31 COMP TIME BUY BACK ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 15 32 DURATION............................................................................................ 15 APPENDIX A -WAGES ................................................................................... 16 APPENDIX B - INCENTIVE PAY SYSTEM ... ... ........................................... 17 APPENDIX C- POST EMPLOYMENT HEALTH CARE SAVINGS PLAN.... 20 LABOR AGREEMENT BETWEEN THE CITY OF SHAKOPEE AND LAW ENFORCEMENT LABOR SERVICES ARTICLE 1. PURPOSE OF AGREEMENT This agreement is entered into as of January 1, 2017 Depeailh-er 20, 2013, between the City of Shakopee, hereinafter called the Employer, and the Law Enforcement Labor Services, hereinafter called the Union. It is the intent and purpose of this Agreement to: 1.1 Establish procedures for the resolution of disputes concerning this Agreement's interpretation and/or application and 1.2 Place in written form, the party's agreement, upon terms and conditions of employment for the duration of this Agreement. ARTICLE 2. RECOGNITION 2.1 The Employer recognizes the Union as the exclusive representative, under Minnesota Statutes§ 179A.03, Subd. 8, for all Police Personnel in the following job classification: Police Sergeant 2.2 In the event the Employer and the Union are unable to agree as to the inclusion or exclusion of a new or modified job class, the issue shall be submitted to the Bureau of Mediation Services for determination. ARTICLE 3. DEFINITIONS 3.1 UNION: The Law Enforcement Labor Services, Inc., (Local No. 279). 3.2 UNION MEMBER: A member of the Law Enforcement Labor Services, Inc., (Local No. 279). 3.3 EMPLOYEE: A member of the exclusively recognized bargaining unit. 3.4 DEPARTMENT: The Shakopee Police Department. 3.5 EMPLOYER: The City of Shakopee 3.6 CHIEF: The Chief of the Shakopee Police Department. 3.7 UNION OFFICER: Officer elected or appointed by the Law Enforcement Labor Services, Inc., (Local No. 279). 3.8 OVERTIME: Work performed at the express authorization of the Employer in excess of the employee's scheduled shift. 3.9 SCHEDULED SHIFT: A consecutive work period including rest breaks and a lunch break. 3.10 REST BREAKS: Periods during the Scheduled Shift, during which the employee remains on continual duty and is responsible for assigned duties. 3.11 STRIKE: Concerted action in failing to report for duty, the willful absence from one's position, the stoppage of work, slow-down, or abstinence in whole or in part from the full, faithful and proper performance of the duties of employment for the purposes of inducing, influencing or coercing a change in the conditions or compensations or the rights, privileges or obligations of employment. ARTICLE 4. EMPLOYER SECURITY The Union agrees that during the life of this Agreement that the Union will not cause, encourage, participate in or support any strike, slow-down or other interruption of or interference with, the normal functions of the Employer. ARTICLE 5. EMPLOYER AUTHORITY 5.1 The Employer retains the full and unrestricted right to operate and manage all manpower, facilities and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct and determine the number of personnel; to establish work schedules and perform any inherent managerial function not specifically limited by this Agreement. 5.2 Any term and condition of employment not specifically established or modified by this Agreement shall remain solely within the discretion of the Employer to modify, establish or eliminate. ARTICLE 6. UNION SECURITY 6.1 The Employer shall deduct from the wages of Employees who authorize such a deduction, in writing, an amount necessary to cover monthly Union dues. Such monies shall be submitted as directed by the Union. 6.2 The Union may designate employees from the bargaining unit to act as a steward and an alternate and shall inform the employer, in writing, of such choice and changes in the position of steward and/or alternate. 6.3 The Employer shall make space available on the employee bulletin board for posting Union notice(s) and announcement(s). 6.4 The Union agrees to indemnify and hold the Employer harmless against any and all claims, suits, orders, judgments brought or issued against the Employer as a result of any action taken or not taken by the Employer under the provisions of this Article. ARTICLE 7. EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE 7.1 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. 7.2 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, as provided by Section 6.2 of this Agreement. 7.3 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 a 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 that the employee and the Union representative have notified and received the 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. 7.4 Procedure. Grievances, as defined by Section 7.1, 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 twenty-one (21) 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 by 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, 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 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the Employer-designated representatives 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 by the Union shall be submitted to arbitration, subject to the provisions of the Public Employment Labor Relations Act of 1971, as amended. The selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances", as established by the Public Employment Relations Board. 7.5 Arbitrator's Authority A. The arbitrator shall have no right to amend, modify, nullify, ignore, add to or subtract from, the terms 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 close of the hearing or the submission of briefs by the parties, whichever is later, unless the parties agree to an extension. The decision shall be binding on both the Employer and the Union and shall be based solely on the arbitrator's interpretation of 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, providing 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. 7.6 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 any agreed extension thereof, it shall be considered settled on the basis of the Employer's 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 written agreement of the Employer and the Union, in each step. 7.7 Choice of Remedy If, as a result of the written Employer response in Step 3, the grievance remains unresolved and if the grievance involves the suspension, demotion, or discharge of an employee who has completed the required probationary period, the grievance may be appealed to either Step 4 or Article VII or a procedure such as: Civil Service, Veteran's Preference or Fair Employment. If appealed to any procedure other than Step 4 or Article VII, the grievance is not subject to the arbitration procedure as provided in Step 4 of Article VII. The aggrieved employee shall indicate in writing which procedure is to be utilized, Step 4 of Article VII or another appeal procedure, and sign a statement to the effect that the choice of any other hearing precludes the aggrieved employee from making a subsequent appeal through Step 4 of Article VII. ARTICLE 8. SAVINGS CLAUSE This Agreement is subject to the laws of the United States, the State of Minnesota and the City of Shakopee. 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 provisions shall be voided. All other provisions of the Agreement shall continue in full force and effect. The voided provision may be re-negotiated at the written request of either party. ARTICLE 9. SENIORITY 9.1 Seniority shall be determined by the employee's length of continuous employment with the Police Department and posted in an appropriate location. Seniority rosters may be maintained by the Chief on the basis of time in grade and time within specific classifications. 9.2 During the probationary period a newly hired or re-hired employee may be discharged at the sole discretion of the Employer. During the probationary period a promoted or reassigned employee may be replaced in his\her previous position at the sole discretion of the Employer. 9.3 A reduction of work force will be accomplished on the basis of seniority. Employees shall be recalled from layoff on the basis of seniority. An employee on layoff shall have an opportunity to return to work in two (2) years of the time of his\her layoff before any new employee is hired. 9.4 Senior employees will be given preference with regard to transfer, job classification assignments and promotions when the job-relevant qualifications of employees are equal. 9.5 Senior qualified employees shall be given shift assignment preference after eighteen (18) months of continuous full-time employment. 9.6 One continuous vacation period shall be selected on the basis of seniority until March 15th of each year. ARTICLE 10. DISCIPLINE 10.1 The Employer will discipline employees for just cause only. Discipline will be in one or more of the following forms: a) oral reprimand; b) written reprimand; C) suspension; d) demotion; or e) discharge. 10.2 Suspensions, demotions and discharges will be in written form. 10.3 Written reprimands, notices of suspension and notices of discharge which are to become part of an employee's personnel file shall be read and acknowledged by the signature of the employee. Employees and the Union will receive a copy of such reprimands and/or notices. 10.4 Employees may examine their own individual personnel files at reasonable times under the direct supervision of the Employer. 10.5 Discharges will be preceded by a five (5) day suspension, without pay. 10.6 Employees will not be questioned concerning an investigation of disciplinary action unless the employee has been given an opportunity to have a Union representative present at such questioning. Waiver of a Union representative shall be in writing. 10.7 Grievances relating to this Article shall be initiated by the Union in Step 3 of the Grievance Procedure, under Article VII. ARTICLE 11. CONSTITUTIONAL PROTECTION Employees shall have the rights granted to all citizens by the United States and Minnesota State Constitution. ARTICLE 12. WORK SCHEDULE 12.1 The normal work year is two thousand and eighty hours (2,080) to be accounted for by each employee through: a) hours worked on assigned shifts; b) holidays; C) assigned training; and d) authorized leave time. 12.2 Holidays and authorized leave time is to be calculated on the basis of the actual length of time of the assigned shifts. 12.3 Nothing contained in this or any other article shall be interpreted to be a guarantee of a minimum or maximum of hours the Employer may assign employees. ARTICLE 13. OVERTIME 13.1 Employees will be compensated at one and one-half (1 1/2) times the employee's regular base pay rate for hours worked in excess of the employee's regularly scheduled shift. Changes of shifts do not qualify an employee for overtime under this Article. 13.2 Overtime will be distributed as equally as practicable. 13.3 Overtime refused by employees will, for record purposes under Article 13.2, be considered as unpaid overtime worked. 13.4 For the purpose of computing overtime compensation, overtime hours worked shall not be pyramided, compounded or paid twice for the same hours worked. 13.5 Employees have the obligation to work overtime or callbacks if requested by the Employer, unless unusual circumstances prevent the employee from so working. ARTICLE 14. COURT TIME An employee who is required to appear in Court during his/her schedule off-duty time shall receive a minimum of three (3) hours pay at one and one-half (1 1/2) times the employees base pay rate, or three (3) hours minimum compensatory time off at time and one-half (1 1/2), at the employee's discretion. An extension or early report to a regularly scheduled shift for Court appearance does not qualify the employee for the three (3) hour minimum. An employee who is scheduled for Court during off-duty time, but subsequently canceled, shall be entitled to two (2) hours pay at the employee's base rate, unless the employee was notified of the cancellation prior to 5:00 PM of the proceeding business day. ARTICLE 15. CALL BACK TIME An employee who is called to duty during his/her scheduled off-duty time shall receive a minimum of three (3) hours pay at one and one-half(1 1/2) times the employee's base pay rate. An extension or early report to a regularly scheduled shift for duty does not qualify the employee for the three (3) hour minimum. When called back, the employee will be assigned to work a minimum of three (3) hours. ARTICLE 16. WORKING OUT OF CLASSIFICATION Employees assigned by the Employer to assume the full responsibilities and authority of a higherjob classification shall receive the salary schedule of the higher classification for the duration of the assignment. ARTICLE 17. INSURANCE Employees covered under this contract shall receive contributions towards health insurance premiums equal to that of non-contract employees. In addition, the City shall provide life and long- term disability insurance equal to that of non-contract employees. ARTICLE 18. STANDBY PAY Employees required by the Employer to standby shall be paid for such standby time at the rate of one hours' pay for each on standby. ARTICLE 19. UNIFORMS Employees will be paid a uniform allowance during January of each year. The allowance will be nine hundred dollars ($900) per year for the life of the contract. oR dar dears 20-14 _;;Pd 20-15; —;;Pd oirrht hi IRGIFe d SeVe tY fide rd Gllarc ($975) fGr GaleR dar Ye ARTICLE 20. LONGEVITY 20.1 The following Longevity Pay Plan will be available to Sergeants receiving longevity pay as of January 1, 2010: At the start of the fifth (5th) year of service, an employee shall receive one hundred twelve dollars and seven cents ($112.07) per month additional. At the start of the eighth (8th) year of service, an employee shall receive one hundred thirty- eight dollars and ninety cents ($138.90) per month additional. At the start of the eleventh (11th) year of service, an employee shall receive one hundred sixty-five dollars and seventy cents ($165.70) per month additional. At the start of the fifteenth (15th) year of service, an employee shall receive one hundred ninety-four dollars and ninety-two cents ($194.92) per month additional. At the start of the twentieth (20th) year of service, an employee shall receive two hundred twenty-three dollars and ninety-four cents ($223.94) per month additional. 20.2 In lieu of the longevity pay plan outlined in section 20.1, employees currently receiving longevity pay may choose to be covered under the incentive pay system outlined in Appendix B to this agreement instead. Employees making this choice may not opt back into the Longevity Pay Plan. 20.3 Sergeants currently receiving performance pay as of January 1, 2010, as well as new appointments to the Sergeants classification after January 1, 2010 will be subject to the incentive pay system outlined in Appendix B, and shall not have the option of longevity pay. ARTICLE 21. HOLIDAYS 21.1 All permanent employees and full-time probationary employees shall be eligible for ninety- six hours of holiday pay (12 paid holidays). January 1st Easter Third Monday in January Last Monday in May Third Monday in February July 4th First Monday in September December 24th November 11th December 25th Fourth Thursday in November Day following the fourth Thursday in November 21.2 Any employee required to work on any of the paid holidays listed in 21.1 shall receive an additional one-half (1/2) times his\her base pay rate in addition to the regular holiday time off. 21.3 The Employer may, at his\her option, buy back from any employee so requesting in writing by November 1st of each calendar year, any holiday time off earned but not used by the employee by December 31 st of any calendar year. ARTICLE 22. VACATIONS 22.1 Employees shall earn vacation as follows: 0 - 5 years of service 80 hours per year 6 - 10 years of service 120 hours per year Over 10 years of service 8 additional hours per year not to exceed 200 hours 22.2 Employees who have 0 - 4 years of employment may accumulate no more than 240 hours of vacation leave. Employees who have 5 — 15 years of employment may accumulate no more than 300 hours of vacation leave. Employees who have 16 or more years of employment may accumulate no more than 360 hours of vacation leave. An employee who is separated for any reason shall be paid for any accumulated vacation leave. ARTICLE 23. SICK LEAVE 25.1 An employee shall accumulate sick leave at the rate of one day (eight hours) per month of service to a maximum of nine hundred sixty (960) hours. After nine hundred sixty (960) hours is reached, one day (8 hours) of sick leave per month shall accumulate to a sick leave bank. Any employee absent from work for fifteen (15) consecutive calendar days shall have said sick leave deducted from the sick leave bank until such time as the sick leave bank is exhausted before deductions are made from regular accumulated sick leave. At year end, employees who have hours in a sick leave bank, will be able to convert any sick leave bank hours above the 960 threshold into the employees Post Employment Health Care Saving Plan at a ratio of 3 hours to 1 hour. 25.2 Employees who have accumulated a minimum of 160 hours of sick leave may convert sick leave to vacation at the rate of 3 hours of sick leave to 1 hour of vacation up to a maximum of 20 hours of vacation per year per City policy. ARTICLE 24. BEREAVEMENT LEAVE Sick leave may also be granted for a maximum of three (3) days per occurrence for death of the Employee's spouse, child, step-child, parent, step-parent, sibling, father-in-law, mother-in-law, brother-in-law, sister-in-law, step-brother, step-sister, son-in-law, daughter-in-law, grandparent, grandchild, or any relative residing permanently with and dependent upon the employee. Funeral leave benefits for the deaths of individuals other than members of the immediate family shall be charged to vacation time. ARTICLE 25. SEVERANCE PAY Any employee who is separated from his\her position by retirement, discharge or resignation shall receive severance pay of forty-five percent (45%) of a maximum of nine hundred sixty (960) hours of accumulated regular sick leave calculated on the basis of his\her current wage scale. Should any employee resign without giving two (2) weeks written notice, except for reasons of ill health, that employee shall forfeit his\her right to all accumulated sick leave. ARTICLE 26. POST-EMPLOYMENT HEALTH CARE SAVINGS PLAN Employees covered under this contract shall be enrolled in the Minnesota State Retirement System (MSRS) Health Care Savings Plan (HCSP). The City shall contribute $35 2-5 per month to each employee's HCSP, and automatically deposit a percentage of each employee's regular pay and severance pay, as outlined in Appendix C. ARTICLE 27. INJURY ON DUTY Employees injured while on duty, through no fault of the employee, shall be paid the difference between the employee's regular rate of pay and workers compensation benefits for a period not to exceed six hundred (600) work hours, in accordance with guidelines set forth in M.S. 176.021, Subd. 5, beginning with the forty-first (41St) work hour of such injury. Such time shall not be charged against the employee's sick leave, vacation or other accumulated benefits. ARTICLE 28. POST LICENSE The Employer will pay up to ninety dollars ($90) towards the renewal of Police Officer Standards and Training (POST) Licenses, every three (3) years, while the Officer is actually employed by the City of Shakopee. ARTICLE 29. WAIVER 29.1 Any and all prior agreements, resolutions, practices, rules and regulations regarding terms and conditions of employment, to the extent inconsistent with the provisions of this Agreement, are hereby superseded. 29.2 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 of the parties at the time this Agreement was negotiated or executed. ARTICLE 30. SPECIAL DUTY PAY An employee assigned as the SW Metro Drug Task Force Sergeant or the Investigations Sergeant will be paid an additional three hundred dollars ($300) �9 for each full month that they serve in that capacity. A Sergeant assigned as the Administrative Sergeant will be paid an additional two hundred dollars ($200) for each full month that they serve in that capacity. The premium pay shall not be extended to employees who are serving in those capacities on a temporary or substitute basis, unless otherwise approved by the Police Chief. The Union and the Employer agree that this article, and only this article, may be reopened at the request of either party during the term of contract in the event that the Department adds additional special duty assignments for the position of Sergeant. ARTICLE 31. WAGES The wage rates to be paid in 2017, 2018, and 2019 shall be as shown in Appendix A. In the case that non-union employees of the City receive an annual Cost of Living Adjustment during the course of this agreement that is in excess of the three percent (3%) increases provided for in this agreement, Appendix A shall be adjusted to provide an equal increase to employees covered under this agreement. In the case that the City completes a general wage study during the time period covered by this contract, and that study supports a wage change for employees covered by this contract, both the City and the Union shall agree to re-open this article and the corresponding Appendix for negotiation. ARTICLE 3XI. COMP 11ME BUY-BACK All employees may carry over up to 40 hours of accumulated comp time from one payroll year to the next. Any hours of accumulated comp time in excess of 40 hours as of the end of the last pay period of the payroll year will be converted into cash and paid to the employee. The conversion will take place once a year on the pay date of the last payroll of the plan year. ARTICLE 3 . DURATION This agreement shall be effective as of the first (1s) day of January. 2017 thmFtm (3 14 e# nPr_PMhPr, 2913 and shall remain in full effect until the thirty-first (31st) day of December, 2019 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this day of ' 2017 FOR THE CITY OF SHAKOPEE LAW ENFORCEMENT LABOR SERVICES, INC., LOCAL NO. 279 Mayor Union Steward City Administrator Union Steward City Clerk LELS Business Agent APPENDIX A MONTHLY WAGES —SERGEANTS Step 1 Step 2 Step 3 90% 95% 100% December 26, 2017,3 Monthly $7,221.44 $7,622.64 $8,023.83 Hourly $41.66 $43.98 $46.29 December 25, 201 Monthly $7,438.08 $7,851.32 $8,264.54 Hourly $42.91 $45.30 $47.68 December 24, 201 Monthly $7,661.22 $8,086.86 $8,512.48 Hourly $44.20 $46.65 $49.11 APPENDIX B INCENTIVE PAY SYSTEM Employees selecting the Incentive Pay Plan may earn additional compensation based on the following criteria: B.1 Education/Training (up to $220 4$0/month or$2,640 24, 60- year) 1. Bachelor's Degree. Employees with a Bachelor's degree in a job-related field shall receive sixty dollars ($60) per month. (Eligible upon hire.) 2. Master's Degree. Employees with a Master's degree in a job-related field shall receive an additional eighty dollars ($80) per month in addition to what is received for having a Bachelor's degree. (Eligible upon hire.) 3. Continuing Education / Training. Employees annually completing one of the following shall receive an additional eighty dollars ($80) per month. (Eligible after 2 years of service.) (a) Academic- 2 courses (minimum 6 credits), or (b) Training - 14 P.O.S.T. credits P4, oncT grog,+& Academic courses must be from an accredited institution of higher learning and be approved by the Chief of Police prior to enrolling. The City would reimburse employees for college courses consistent with the City's tuition reimbursement policy. Training sessions must be approved by the Chief of Police prior to attending. The City would pay for the training sessions. The training requirements are above and beyond the normal P.O.S.T. licensing requirements. The courses/training sessions must be attended on off-duty time. B. 2 Community Service ($60/month or$720/year) Employees who are actively involved in some outside community service (scouting activities, service clubs, youth athletics, church groups, etc.) would be eligible to receive additional compensation. Community service has to occur in an organization within the City of Shakopee, or has to be sponsored by the City of Shakopee to qualify. Community service activities are an excellent means of personal growth and development, and should result in the employee having substantial input into the community. Community service activities need to occur on an annual basis. Community service activities must be pre-approved by the Chief of Police and employee must show evidence of participation in the group/activity. Eligibility upon hire. ofsep,ise. B.3 Fitness ($68150/month or $720/year) 1. Cardio ($30/month) - tested by a 1.5-mile run 2. Core Strength ($15/month) - #of sit-ups completed in 1 minute 3. Upper-Body Strength ($15/month) - #of push-ups completed in 1 minute The tests will be administered according to the Cooper Fitness Standards for Law Enforcement. Employees must score at or above the 501h percentile for their age and gender in order to receive the above incentive pay. The city will also pay an employee, who receives an Excellent rating on the fitness test (i.e., has scores in the 80th percentile of the Cooper Fitness Standards for Law Enforcement) the following incentive pay, in addition to the pay at the 50th percentile. 1. Cardio ($40/month) - tested by a 1.5-mile run 2. Core Strength ($20/month) - #of sit-ups completed in 1 minute 3. Upper-Body Strength ($20/month) - #of push-ups completed in 1 minute In addition, the city will pay an additional $10 per month for an employee who achieves Excellent scores in all three of the above categories. The assessment will be offered twice a year at roughly six month intervals. Employees successfully completing the first assessment offered for the year shall receive fitness pay for the following twelve months and do not need to re-test during that time. Employees that do not successfully complete the assessment the first time it is offered may request to retest roughly six months after the initial test. Employees successfully completing the assessment the second time it is offered will receive fitness pay for the following six- months and must re-test again after that time. Employees that successfully complete one or two components during the first testing session and wish to try or re-try the remaining component(s) at the six-month point will be given the opportunity to do so. Eligibility after 1 year of service. B. 4 Foreign Language Skills ($60/month /$720/year) Employees shall take a speaking exam through Language Testing International, or a mutually approved equivalent testing service. This is a 30 minute over-the-phone test, the cost of which will be paid by the City. To qualify for incentive pay, employees must score at the Advanced Level on the current ACTFL Proficiency scale. Employees must successfully re-test once every two-years in order to maintain eligibility for the incentive pay. Eligible foreign languages are those having a recognized presence in the community, as noted by the Shakopee Public Schools records of languages spoken in student's homes. American Sign Language shall be an eligible language for the purposes of this component. Sign language proficiency shall be measured by the American Sign Language Proficiency Interview offered through Galluadet University, or a mutually approved equivalent testing service. Employees must score at or above Proficiency Level 3, and successfully re-test once every two-years. Eligibility immediately upon hire. To qualify for the incentive pay, employees must score at the Advanced Level on the current ACTFL Proficiency scale. Employees must successfully re-test once every two-years in order to maintain eligibility for the incentive pay. Eligible foreign languages are those having a recognized presence in the community, as noted by the Shakopee Public Schools records of languages spoken in students' homes. APPENDIX C POST EMPLOYMENT HEALTH CARE SAVINGS PLAN (HCSP) CONTRIBUTION SCHEDULE FOR LELS MEMBERS Years of Service with the Hire Beginning 12th Beginning 26th yr.+ City of Shakopee — 11 yrs. through 25 yrs. % of payroll contribution 3% 4% 4% City Contribution 35/month 35/month 35/month Severance contribution of unused sick leave (45% of 100%* 100% 100% max of 960 hours Contribution of Accrued 50% 100% 100% Vacation Accelerated Sick Leave NA 100% of Step-up 100% of Step-up Payout Formula** Formula *Upon eligibility after year 5 **Upon eligibility after year 15 Accelerated Sick Leave Severance Payout The City of Shakopee appreciates employees, who through long-term service and dedication, contribute to making the city a successful and positive service provider. In recognition, thereof, the City acknowledges such long-term service by providing an accelerated sick leave payout formula listed below if the employee meets all the following conditions: • Full-time or part-time benefit-eligible employee with the City of Shakopee for 15 continuous years or more. • Employee is separating employment in good standing. • The percentage of the severance pay-out shall be based on a maximum of 960 hours of accumulated sick leave calculated on the basis of the employee's current annual base pay. • The accelerated severance payment will be deposited in the employee's HCSP account not later than the first regularly scheduled payday following the employee's final day of employment. • Anniversary date of full-time employment or part-time benefit-eligible date is used to compute years of service with Shakopee. Completion of Continuous Service With the City of Shakopee Step-up Payout formula 15 years 55% 16 years 57% 17 years 59% 18 years 61% 19 years 63% 20 years 65% 21 years 67% 22 years 69% 23 years 71% 24 years 73% 25 years 75% LABOR AGREEMENT BETWEEN THE CITY OF SHAKOPEE AND LAW ENFORCEMENT LABOR SERVICES, INC. Police Sergeants Effective January 1 , 2017 — December 31 , 2019 INDEX ARTICLE PAGE 1 PURPOSE OF AGREEMENT.................................................... ... ... ... .... 4 2 RECOGNITION.......................................................................... ... ... ... ..... 4 3 DEFINITIONS ......................................................................... ... ............... 4 4 EMPLOYER SECURITY .......................................................... ................. 5 5 EMPLOYER AUTHORITY ....................................................... ................. 5 6 UNION SECURITY ................................................................. .................. 5 7 EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE ............................... 6 8 SAVINGS CLAUSE .................................................................. ................. 8 9 SENIORITY ........................................................................ ....................... 8 10 DISCIPLINE ......................................................................... ..................... 9 11 CONSTITUTIONAL PROTECTION .......................................................... 10 12 WORK SCHEDULE .................................................................................. 10 13 OVERTIME ................................................................................ ............... 10 14 COURT TIME .................................................... ....................................... 10 15 CALL BACK TIME ..................................................................................... 11 16 WORKING OUT OF CLASSIFICATION ................................................... 11 17 INSURANCE ............................................................................. ............... 11 18 STANDBY .................................................................................... ............. 11 19 UNIFORMS ................................................................................................ 11 20 LONGEVITY .............................................................................................. 11 21 HOLIDAYS ................................................................................................. 12 INDEX ARTICLE PAGE 22 VACATIONS ......................................................................................... 13 23 SICK LEAVE .......................................................................................... 13 24 BEREAVEMENT LEAVE ...................................................................... 13 25 SEVERANCE PAY ................................................................................ 14 26 POST EMPLOYMENT HEALTH CARE SAVINGS PLAN... ... ....... ... 14 27 INJURY ON DUTY ................................................................................ 14 28 POST LICENSE ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .... 14 29 WAIVER ................................................................................................ 14 30 SPECIAL DUTY PAY... ... ... ... ... ... ... ... ... ... ... ... ... ........ ... ... ... ...... 15 31 COMP TIME BUY BACK ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 15 32 DURATION............................................................................................ 15 APPENDIX A -WAGES ................................................................................... 16 APPENDIX B - INCENTIVE PAY SYSTEM ... ... ........................................... 17 APPENDIX C- POST EMPLOYMENT HEALTH CARE SAVINGS PLAN.... 20 LABOR AGREEMENT BETWEEN THE CITY OF SHAKOPEE AND LAW ENFORCEMENT LABOR SERVICES ARTICLE 1. PURPOSE OF AGREEMENT This agreement is entered into as of January 1, 2017, between the City of Shakopee, hereinafter called the Employer, and the Law Enforcement Labor Services, hereinafter called the Union. It is the intent and purpose of this Agreement to: 1.1 Establish procedures for the resolution of disputes concerning this Agreement's interpretation and/or application and 1.2 Place in written form, the party's agreement, upon terms and conditions of employment for the duration of this Agreement. ARTICLE 2. RECOGNITION 2.1 The Employer recognizes the Union as the exclusive representative, under Minnesota Statutes§ 179A.03, Subd. 8, for all Police Personnel in the following job classification: Police Sergeant 2.2 In the event the Employer and the Union are unable to agree as to the inclusion or exclusion of a new or modified job class, the issue shall be submitted to the Bureau of Mediation Services for determination. ARTICLE 3. DEFINITIONS 3.1 UNION: The Law Enforcement Labor Services, Inc., (Local No. 279). 3.2 UNION MEMBER: A member of the Law Enforcement Labor Services, Inc., (Local No. 279). 3.3 EMPLOYEE: A member of the exclusively recognized bargaining unit. 3.4 DEPARTMENT: The Shakopee Police Department. 3.5 EMPLOYER: The City of Shakopee 3.6 CHIEF: The Chief of the Shakopee Police Department. 3.7 UNION OFFICER: Officer elected or appointed by the Law Enforcement Labor Services, Inc., (Local No. 279). 3.8 OVERTIME: Work performed at the express authorization of the Employer in excess of the employee's scheduled shift. 3.9 SCHEDULED SHIFT: A consecutive work period including rest breaks and a lunch break. 3.10 REST BREAKS: Periods during the Scheduled Shift, during which the employee remains on continual duty and is responsible for assigned duties. 3.11 STRIKE: Concerted action in failing to report for duty, the willful absence from one's position, the stoppage of work, slow-down, or abstinence in whole or in part from the full, faithful and proper performance of the duties of employment for the purposes of inducing, influencing or coercing a change in the conditions or compensations or the rights, privileges or obligations of employment. ARTICLE 4. EMPLOYER SECURITY The Union agrees that during the life of this Agreement that the Union will not cause, encourage, participate in or support any strike, slow-down or other interruption of or interference with, the normal functions of the Employer. ARTICLE 5. EMPLOYER AUTHORITY 5.1 The Employer retains the full and unrestricted right to operate and manage all manpower, facilities and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct and determine the number of personnel; to establish work schedules and perform any inherent managerial function not specifically limited by this Agreement. 5.2 Any term and condition of employment not specifically established or modified by this Agreement shall remain solely within the discretion of the Employer to modify, establish or eliminate. ARTICLE 6. UNION SECURITY 6.1 The Employer shall deduct from the wages of Employees who authorize such a deduction, in writing, an amount necessary to cover monthly Union dues. Such monies shall be submitted as directed by the Union. 6.2 The Union may designate employees from the bargaining unit to act as a steward and an alternate and shall inform the employer, in writing, of such choice and changes in the position of steward and/or alternate. 6.3 The Employer shall make space available on the employee bulletin board for posting Union notice(s) and announcement(s). 6.4 The Union agrees to indemnify and hold the Employer harmless against any and all claims, suits, orders, judgments brought or issued against the Employer as a result of any action taken or not taken by the Employer under the provisions of this Article. ARTICLE 7. EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE 7.1 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. 7.2 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, as provided by Section 6.2 of this Agreement. 7.3 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 a 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 that the employee and the Union representative have notified and received the 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. 7.4 Procedure. Grievances, as defined by Section 7.1, 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 twenty-one (21) 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 by 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, 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 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the Employer-designated representatives 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 by the Union shall be submitted to arbitration, subject to the provisions of the Public Employment Labor Relations Act of 1971, as amended. The selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances", as established by the Public Employment Relations Board. 7.5 Arbitrator's Authority A. The arbitrator shall have no right to amend, modify, nullify, ignore, add to or subtract from, the terms 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 close of the hearing or the submission of briefs by the parties, whichever is later, unless the parties agree to an extension. The decision shall be binding on both the Employer and the Union and shall be based solely on the arbitrator's interpretation of 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, providing 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. 7.6 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 any agreed extension thereof, it shall be considered settled on the basis of the Employer's 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 written agreement of the Employer and the Union, in each step. 7.7 Choice of Remedy If, as a result of the written Employer response in Step 3, the grievance remains unresolved and if the grievance involves the suspension, demotion, or discharge of an employee who has completed the required probationary period, the grievance may be appealed to either Step 4 or Article VII or a procedure such as: Civil Service, Veteran's Preference or Fair Employment. If appealed to any procedure other than Step 4 or Article VII, the grievance is not subject to the arbitration procedure as provided in Step 4 of Article VII. The aggrieved employee shall indicate in writing which procedure is to be utilized, Step 4 of Article VII or another appeal procedure, and sign a statement to the effect that the choice of any other hearing precludes the aggrieved employee from making a subsequent appeal through Step 4 of Article VII. ARTICLE 8. SAVINGS CLAUSE This Agreement is subject to the laws of the United States, the State of Minnesota and the City of Shakopee. 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 provisions shall be voided. All other provisions of the Agreement shall continue in full force and effect. The voided provision may be re-negotiated at the written request of either party. ARTICLE 9. SENIORITY 9.1 Seniority shall be determined by the employee's length of continuous employment with the Police Department and posted in an appropriate location. Seniority rosters may be maintained by the Chief on the basis of time in grade and time within specific classifications. 9.2 During the probationary period a newly hired or re-hired employee may be discharged at the sole discretion of the Employer. During the probationary period a promoted or reassigned employee may be replaced in his\her previous position at the sole discretion of the Employer. 9.3 A reduction of work force will be accomplished on the basis of seniority. Employees shall be recalled from layoff on the basis of seniority. An employee on layoff shall have an opportunity to return to work in two (2) years of the time of his\her layoff before any new employee is hired. 9.4 Senior employees will be given preference with regard to transfer, job classification assignments and promotions when the job-relevant qualifications of employees are equal. 9.5 Senior qualified employees shall be given shift assignment preference after eighteen (18) months of continuous full-time employment. 9.6 One continuous vacation period shall be selected on the basis of seniority until March 15th of each year. ARTICLE 10. DISCIPLINE 10.1 The Employer will discipline employees for just cause only. Discipline will be in one or more of the following forms: a) oral reprimand; b) written reprimand; C) suspension; d) demotion; or e) discharge. 10.2 Suspensions, demotions and discharges will be in written form. 10.3 Written reprimands, notices of suspension and notices of discharge which are to become part of an employee's personnel file shall be read and acknowledged by the signature of the employee. Employees and the Union will receive a copy of such reprimands and/or notices. 10.4 Employees may examine their own individual personnel files at reasonable times under the direct supervision of the Employer. 10.5 Discharges will be preceded by a five (5) day suspension, without pay. 10.6 Employees will not be questioned concerning an investigation of disciplinary action unless the employee has been given an opportunity to have a Union representative present at such questioning. Waiver of a Union representative shall be in writing. 10.7 Grievances relating to this Article shall be initiated by the Union in Step 3 of the Grievance Procedure, under Article VII. ARTICLE 11. CONSTITUTIONAL PROTECTION Employees shall have the rights granted to all citizens by the United States and Minnesota State Constitution. ARTICLE 12. WORK SCHEDULE 12.1 The normal work year is two thousand and eighty hours (2,080) to be accounted for by each employee through: a) hours worked on assigned shifts; b) holidays; C) assigned training; and d) authorized leave time. 12.2 Holidays and authorized leave time is to be calculated on the basis of the actual length of time of the assigned shifts. 12.3 Nothing contained in this or any other article shall be interpreted to be a guarantee of a minimum or maximum of hours the Employer may assign employees. ARTICLE 13. OVERTIME 13.1 Employees will be compensated at one and one-half (1 1/2) times the employee's regular base pay rate for hours worked in excess of the employee's regularly scheduled shift. Changes of shifts do not qualify an employee for overtime under this Article. 13.2 Overtime will be distributed as equally as practicable. 13.3 Overtime refused by employees will, for record purposes under Article 13.2, be considered as unpaid overtime worked. 13.4 For the purpose of computing overtime compensation, overtime hours worked shall not be pyramided, compounded or paid twice for the same hours worked. 13.5 Employees have the obligation to work overtime or callbacks if requested by the Employer, unless unusual circumstances prevent the employee from so working. ARTICLE 14. COURT TIME An employee who is required to appear in Court during his/her schedule off-duty time shall receive a minimum of three (3) hours pay at one and one-half (1 1/2) times the employees base pay rate, or three (3) hours minimum compensatory time off at time and one-half (1 1/2), at the employee's discretion. An extension or early report to a regularly scheduled shift for Court appearance does not qualify the employee for the three (3) hour minimum. An employee who is scheduled for Court during off-duty time, but subsequently canceled, shall be entitled to two (2) hours pay at the employee's base rate, unless the employee was notified of the cancellation prior to 5:00 PM of the proceeding business day. ARTICLE 15. CALL BACK TIME An employee who is called to duty during his/her scheduled off-duty time shall receive a minimum of three (3) hours pay at one and one-half(1 1/2) times the employee's base pay rate. An extension or early report to a regularly scheduled shift for duty does not qualify the employee for the three (3) hour minimum. When called back, the employee will be assigned to work a minimum of three (3) hours. ARTICLE 16. WORKING OUT OF CLASSIFICATION Employees assigned by the Employer to assume the full responsibilities and authority of a higherjob classification shall receive the salary schedule of the higher classification for the duration of the assignment. ARTICLE 17. INSURANCE Employees covered under this contract shall receive contributions towards health insurance premiums equal to that of non-contract employees. In addition, the City shall provide life and long- term disability insurance equal to that of non-contract employees. ARTICLE 18. STANDBY PAY Employees required by the Employer to standby shall be paid for such standby time at the rate of one hours' pay for each on standby. ARTICLE 19. UNIFORMS Employees will be paid a uniform allowance during January of each year. The allowance will be nine hundred dollars ($900) per year for the life of the contract. ARTICLE 20. LONGEVITY 20.1 The following Longevity Pay Plan will be available to Sergeants receiving longevity pay as of January 1, 2010: At the start of the fifth (5th) year of service, an employee shall receive one hundred twelve dollars and seven cents ($112.07) per month additional. At the start of the eighth (8th) year of service, an employee shall receive one hundred thirty- eight dollars and ninety cents ($138.90) per month additional. At the start of the eleventh (11th) year of service, an employee shall receive one hundred sixty-five dollars and seventy cents ($165.70) per month additional. At the start of the fifteenth (15th) year of service, an employee shall receive one hundred ninety-four dollars and ninety-two cents ($194.92) per month additional. At the start of the twentieth (20th) year of service, an employee shall receive two hundred twenty-three dollars and ninety-four cents ($223.94) per month additional. 20.2 In lieu of the longevity pay plan outlined in section 20.1, employees currently receiving longevity pay may choose to be covered under the incentive pay system outlined in Appendix B to this agreement instead. Employees making this choice may not opt back into the Longevity Pay Plan. 20.3 Sergeants currently receiving performance pay as of January 1, 2010, as well as new appointments to the Sergeants classification after January 1, 2010 will be subject to the incentive pay system outlined in Appendix B, and shall not have the option of longevity pay. ARTICLE 21. HOLIDAYS 21.1 All permanent employees and full-time probationary employees shall be eligible for ninety- six hours of holiday pay (12 paid holidays). January 1st Easter Third Monday in January Last Monday in May Third Monday in February July 4th First Monday in September December 24th November 11th December 25th Fourth Thursday in November Day following the fourth Thursday in November 21.2 Any employee required to work on any of the paid holidays listed in 21.1 shall receive an additional one-half (1/2) times his\her base pay rate in addition to the regular holiday time off. 21.3 The Employer may, at his\her option, buy back from any employee so requesting in writing by November 1st of each calendar year, any holiday time off earned but not used by the employee by December 31 st of any calendar year. ARTICLE 22. VACATIONS 22.1 Employees shall earn vacation as follows: 0 - 5 years of service 80 hours per year 6 - 10 years of service 120 hours per year Over 10 years of service 8 additional hours per year not to exceed 200 hours 22.2 Employees who have 0 - 4 years of employment may accumulate no more than 240 hours of vacation leave. Employees who have 5 — 15 years of employment may accumulate no more than 300 hours of vacation leave. Employees who have 16 or more years of employment may accumulate no more than 360 hours of vacation leave. An employee who is separated for any reason shall be paid for any accumulated vacation leave. ARTICLE 23. SICK LEAVE 25.1 An employee shall accumulate sick leave at the rate of one day (eight hours) per month of service to a maximum of nine hundred sixty (960) hours. After nine hundred sixty (960) hours is reached, one day (8 hours) of sick leave per month shall accumulate to a sick leave bank. Any employee absent from work for fifteen (15) consecutive calendar days shall have said sick leave deducted from the sick leave bank until such time as the sick leave bank is exhausted before deductions are made from regular accumulated sick leave. At year end, employees who have hours in a sick leave bank, will be able to convert any sick leave bank hours above the 960 threshold into the employees Post Employment Health Care Saving Plan at a ratio of 3 hours to 1 hour. 25.2 Employees who have accumulated a minimum of 160 hours of sick leave may convert sick leave to vacation at the rate of 3 hours of sick leave to 1 hour of vacation up to a maximum of 20 hours of vacation per year per City policy. ARTICLE 24. BEREAVEMENT LEAVE Sick leave may also be granted for a maximum of three (3) days per occurrence for death of the Employee's spouse, child, step-child, parent, step-parent, sibling, father-in-law, mother-in-law, brother-in-law, sister-in-law, step-brother, step-sister, son-in-law, daughter-in-law, grandparent, grandchild, or any relative residing permanently with and dependent upon the employee. Funeral leave benefits for the deaths of individuals other than members of the immediate family shall be charged to vacation time. ARTICLE 25. SEVERANCE PAY Any employee who is separated from his\her position by retirement, discharge or resignation shall receive severance pay of forty-five percent (45%) of a maximum of nine hundred sixty (960) hours of accumulated regular sick leave calculated on the basis of his\her current wage scale. Should any employee resign without giving two (2) weeks written notice, except for reasons of ill health, that employee shall forfeit his\her right to all accumulated sick leave. ARTICLE 26. POST-EMPLOYMENT HEALTH CARE SAVINGS PLAN Employees covered under this contract shall be enrolled in the Minnesota State Retirement System (MSRS) Health Care Savings Plan (HCSP). The City shall contribute $35 per month to each employee's HCSP, and automatically deposit a percentage of each employee's regular pay and severance pay, as outlined in Appendix C. ARTICLE 27. INJURY ON DUTY Employees injured while on duty, through no fault of the employee, shall be paid the difference between the employee's regular rate of pay and workers compensation benefits for a period not to exceed six hundred (600) work hours, in accordance with guidelines set forth in M.S. 176.021, Subd. 5, beginning with the forty-first (41St) work hour of such injury. Such time shall not be charged against the employee's sick leave, vacation or other accumulated benefits. ARTICLE 28. POST LICENSE The Employer will pay up to ninety dollars ($90) towards the renewal of Police Officer Standards and Training (POST) Licenses, every three (3) years, while the Officer is actually employed by the City of Shakopee. ARTICLE 29. WAIVER 29.1 Any and all prior agreements, resolutions, practices, rules and regulations regarding terms and conditions of employment, to the extent inconsistent with the provisions of this Agreement, are hereby superseded. 29.2 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 of the parties at the time this Agreement was negotiated or executed. ARTICLE 30. SPECIAL DUTY PAY An employee assigned as the SW Metro Drug Task Force Sergeant or the Investigations Sergeant will be paid an additional three hundred dollars ($300) for each full month that they serve in that capacity. A Sergeant assigned as the Administrative Sergeant will be paid an additional two hundred dollars ($200) for each full month that they serve in that capacity. The premium pay shall not be extended to employees who are serving in those capacities on a temporary or substitute basis, unless otherwise approved by the Police Chief. The Union and the Employer agree that this article, and only this article, may be reopened at the request of either party during the term of contract in the event that the Department adds additional special duty assignments for the position of Sergeant. ARTICLE 31. WAGES The wage rates to be paid in 2017, 2018, and 2019 shall be as shown in Appendix A. In the case that non-union employees of the City receive an annual Cost of Living Adjustment during the course of this agreement that is in excess of the three percent (3%) increases provided for in this agreement, Appendix A shall be adjusted to provide an equal increase to employees covered under this agreement. In the case that the City completes a general wage study during the time period covered by this contract, and that study supports a wage change for employees covered by this contract, both the City and the Union shall agree to re-open this article and the corresponding Appendix for negotiation. ARTICLE 32. COMP 11ME BUY-BACK All employees may carry over up to 40 hours of accumulated comp time from one payroll year to the next. Any hours of accumulated comp time in excess of 40 hours as of the end of the last pay period of the payroll year will be converted into cash and paid to the employee. The conversion will take place once a year on the pay date of the last payroll of the plan year. ARTICLE 33. DURATION This agreement shall be effective as of the 1St day of January, 2017 and shall remain in full effect until the thirty-first (31st) day of December, 2019. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this day of ' 2017. FOR THE CITY OF SHAKOPEE LAW ENFORCEMENT LABOR SERVICES, INC., LOCAL NO. 279 Mayor Union Steward City Administrator Union Steward City Clerk LELS Business Agent APPENDIX A MONTHLY WAGES —SERGEANTS Step 1 Step 2 Step 3 90% 95% 100% December 26, 2017 Monthly $7,221.44 $7,622.64 $8,023.83 Hourly $41.66 $43.98 $46.29 December 25, 2018 Monthly $7,438.08 $7,851.32 $8,264.54 Hourly $42.91 $45.30 $47.68 December 24, 2019 Monthly $7,661.22 $8,086.86 $8,512.48 Hourly $44.20 $46.65 $49.11 APPENDIX B INCENTIVE PAY SYSTEM Employees selecting the Incentive Pay Plan may earn additional compensation based on the following criteria: B.1 Education/Training (up to $220/month or$2,640year) 1. Bachelor's Degree. Employees with a Bachelor's degree in a job-related field shall receive sixty dollars ($60) per month. (Eligible upon hire.) 2. Master's Degree. Employees with a Master's degree in a job-related field shall receive an additional eighty dollars ($80) per month in addition to what is received for having a Bachelor's degree. (Eligible upon hire.) 3. Continuing Education / Training. Employees annually completing one of the following shall receive an additional eighty dollars ($80) per month. (Eligible after 2 years of service.) (a) Academic- 2 courses (minimum 6 credits), or (b) Training - 14 P.O.S.T. credits Academic courses must be from an accredited institution of higher learning and be approved by the Chief of Police prior to enrolling. The City would reimburse employees for college courses consistent with the City's tuition reimbursement policy. Training sessions must be approved by the Chief of Police prior to attending. The City would pay for the training sessions. The training requirements are above and beyond the normal P.O.S.T. licensing requirements. The courses/training sessions must be attended on off-duty time. B. 2 Community Service ($60/month or$720/year) Employees who are actively involved in some outside community service (scouting activities, service clubs, youth athletics, church groups, etc.) would be eligible to receive additional compensation. Community service has to occur in an organization within the City of Shakopee, or has to be sponsored by the City of Shakopee to qualify. Community service activities are an excellent means of personal growth and development, and should result in the employee having substantial input into the community. Community service activities need to occur on an annual basis. Community service activities must be pre-approved by the Chief of Police and employee must show evidence of participation in the group/activity. Eligibility upon hire. B.3 Fitness ($150/month or$1,800/year) 1. Cardio ($30/month) - tested by a 1.5-mile run 2. Core Strength ($15/month) - #of sit-ups completed in 1 minute 3. Upper-Body Strength ($15/month) - #of push-ups completed in 1 minute The tests will be administered according to the Cooper Fitness Standards for Law Enforcement. Employees must score at or above the 501h percentile for their age and gender in order to receive the above incentive pay. The city will also pay an employee, who receives an Excellent rating on the fitness test (i.e., has scores in the 80th percentile of the Cooper Fitness Standards for Law Enforcement) the following incentive pay, in addition to the pay at the 50th percentile. 1. Cardio ($40/month) - tested by a 1.5-mile run 2. Core Strength ($20/month) - #of sit-ups completed in 1 minute 3. Upper-Body Strength ($20/month) - #of push-ups completed in 1 minute In addition, the city will pay an additional $10 per month for an employee who achieves Excellent scores in all three of the above categories. The assessment will be offered twice a year at roughly six month intervals. Employees successfully completing the first assessment offered for the year shall receive fitness pay for the following twelve months and do not need to re-test during that time. Employees that do not successfully complete the assessment the first time it is offered may request to retest roughly six months after the initial test. Employees successfully completing the assessment the second time it is offered will receive fitness pay for the following six- months and must re-test again after that time. Employees that successfully complete one or two components during the first testing session and wish to try or re-try the remaining component(s) at the six-month point will be given the opportunity to do so. Eligibility after 1 year of service. B. 4 Foreign Language Skills ($60/month or$720/year) Employees shall take a speaking exam through Language Testing International, or a mutually approved equivalent testing service. This is a 30 minute over-the-phone test, the cost of which will be paid by the City. To qualify for incentive pay, employees must score at the Advanced Level on the current ACTFL Proficiency scale. Employees must successfully re-test once every two-years in order to maintain eligibility for the incentive pay. Eligible foreign languages are those having a recognized presence in the community, as noted by the Shakopee Public Schools records of languages spoken in student's homes. American Sign Language shall be an eligible language for the purposes of this component. Sign language proficiency shall be measured by the American Sign Language Proficiency Interview offered through Galluadet University, or a mutually approved equivalent testing service. Employees must score at or above Proficiency Level 3, and successfully re-test once every two-years. Eligibility immediately upon hire. To qualify for the incentive pay, employees must score at the Advanced Level on the current ACTFL Proficiency scale. Employees must successfully re-test once every two-years in order to maintain eligibility for the incentive pay. Eligible foreign languages are those having a recognized presence in the community, as noted by the Shakopee Public Schools records of languages spoken in students' homes. APPENDIX C POST EMPLOYMENT HEALTH CARE SAVINGS PLAN (HCSP) CONTRIBUTION SCHEDULE FOR LELS MEMBERS Years of Service with the Hire Beginning 12th Beginning 26th yr.+ City of Shakopee — 11 yrs. through 25 yrs. % of payroll contribution 3% 4% 4% City Contribution $35/month $35/month $35/month Severance contribution of unused sick leave (45% of 100%* 100% 100% max of 960 hours Contribution of Accrued 50% 100% 100% Vacation Accelerated Sick Leave NA 100% of Step-up 100% of Step-up Payout Formula** Formula *Upon eligibility after year 5 **Upon eligibility after year 15 Accelerated Sick Leave Severance Payout The City of Shakopee appreciates employees, who through long-term service and dedication, contribute to making the city a successful and positive service provider. In recognition, thereof, the City acknowledges such long-term service by providing an accelerated sick leave payout formula listed below if the employee meets all the following conditions: • Full-time or part-time benefit-eligible employee with the City of Shakopee for 15 continuous years or more. • Employee is separating employment in good standing. • The percentage of the severance pay-out shall be based on a maximum of 960 hours of accumulated sick leave calculated on the basis of the employee's current annual base pay. • The accelerated severance payment will be deposited in the employee's HCSP account not later than the first regularly scheduled payday following the employee's final day of employment. • Anniversary date of full-time employment or part-time benefit-eligible date is used to compute years of service with Shakopee. Completion of Continuous Service With the City of Shakopee Step-up Payout formula 15 years 55% 16 years 57% 17 years 59% 18 years 61% 19 years 63% 20 years 65% 21 years 67% 22 years 69% 23 years 71% 24 years 73% 25 years 75% RESOLUTION NO. 7867 A RESOLUTION RATIFYING THE LELS SERGEANT UNION CONTRACT FOR 2017-2019 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the City of Shakopee has ratified the Law Enforcement Labor Services Local 279 Sergeants Union Contract. BE IT FURTHER RESOLVED, that the parties have negotiated and agreed upon the terms and conditions of employment for bargaining unit employees from January 1, 2017 through December 31, 2019. Adopted in adjourned regular session of the City of Shakopee, Minnesota, held this 18th day of April, 2017. Mayor of the City of Shakopee ATTEST: City Clerk D.2. H+ T OPEE Shakopee City Council April 18, 2017 FROM: Jennifer Gabbard TO: Mayor and Council Members Subject: Resolution 7868, ratifying the LELS Patrol Union Contract for 2017-2019 Policy/Action Requested: The Council is asked to authorize the appropriate officials to enter into the attached labor agreement with Law Enforcement Labor Services (LELS), representing the City's Police Officers. Recommendation: Approval of Resolution 7868, ratifying the LELS Patrol Union Contract for 2017-2019. Discussion: The contract with the City's Patrol union expired on December 31, 2016. The City has held several negotiating meetings with representatives of the Sergeants union to arrive at the attached contract. The negotiated contract includes the following: 1. Article 19 — Post-Employment Health Care Savings Plan We corrected the amount that is provided to employees on a monthly basis for having our health insurance. It had previously been $25, but was increased to $35 in 2015. 2. Article 21 — Uniforms We provided a $25 increase in the uniform allowance for the life of the contract. The expired contract's uniform allowance was $875, this contract will bring it up to $900 for all three years of the contract. 3. Article 25 — Sick Leave We agreed to allow an employee who has a Sick Leave Bank balance to convert those hours over to the Post-Employment Health Care Savings Plan at a conversion rate of 3 to 1 hours. 4. Article 33 — Duration We agreed to a three-year duration for the new contract. It would be valid January 1, 2017 to December 31, 2019. 5. Appendix A— Wages We agreed on a 3% general wage increase each year of the contract. Current wages for the City's Patrol are in line with our Comparable Cities. Non-union City employees received a 3% wage increase for 2017, and we feel that a 3% wage increase for each year of the contract is a reasonable increase, based on some concessions made by the union for the new contract. The amounts listed in Appendix A were increased 3% over the 2016 rates, and each year of the life of the contract. We increased the shift differential for the Investigator/Detectives from $280 to $300 per month. We also agreed to pay out the shift differential for the School Resource Officers over 12 months, instead of 9 months. Lastly, we inserted language representative about how we pay the shift differentials, it is not paid out monthly, it is built as an addition to their hourly wage. 6. Appendix B — Incentive Pay System Appendix B was changed to include some changes to the incentive pay system. The Education/Training section was changed, we increased the additional monthly for a Master's Degree, and the Continuing Education/Training sections. These went from $60 a month, to $80 a month. Additionally, we will now be requiring 14 P.O.S.T. credits, instead of 24 credits. We feel as though continual training is very important, and we want all employees to continue to learn. The Community Service section was changed. We wanted to make sure that the community service was done in Shakopee, and we allowed this incentive to be eligible upon hire. Lastly, we updated the Fitness section, to know include another level of Standards, while maintaining the 50th percentile standards, we are implanting a new 80th percentile standard. Physical fitness is very important component to our City employees, but especially our Police Department employees. 7. Appendix C — Post-Employment Health Care Savings Plan (HCSP) Contribution Schedule for LELS Members The LELS Patrol Union members voted to increase their contribution to the HSCP, so that that vote is reflected in the red-lined copy of the contract. The other change in this appendix was the increase that was previously made in the City's contribution to the HCSP, which went from $25 to $35 in 2015. Budget Impact• Funding for the 3% wage increase for 2017 is available within the current 2017 budget. The wage increases for 2018 and 2019 will need to be planned for in their respective budgets. ATTACHMENT S: Red-lined LELS Patrol Contract for 2017-2019 2017-2019 Final Patrol Contract Resolution 7868 Ratification of LELS Patrol Union Contract for 2017-2019 LABOR AGREEMENT BETWEEN THE CITY OF SHAKOPEE AND LAW ENFORCEMENT LABOR SERVICES, INC. Police Officers Effective January 1, 2017 — December 31, 2019 INDEX ARTICLE PAGE 1. PURPOSE OF AGREEMENT........................................................................ 4 2. RECOGNITION............................................................................................... 4 3. DEFINITIONS ................................................................................................. 4 4. EMPLOYER SECURITY ................................................................................ 5 5. EMPLOYER AUTHORITY ............................................................................. 5 6. UNION SECURITY ........................................................................................ 5 7. EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE .................................. 6 8. SAVINGS CLAUSE ....................................................................................... 8 9. SENIORITY .................................................................................................... 8 10. DISCIPLINE .................................................................................................... 9 11. CONSTITUTIONAL PROTECTION ............................................................... 9 12. WORK SCHEDULE ........................................................................................ 9 13. OVERTIME ...................................................................................................... 10 14. COMP TIME .................................................................................................... 10 15. COURT TIME .................................................................................................. 10 16. CALL BACK TIME ........................................................................................... 10 17. WORKING OUT CLASSIFICATION ............................................................... 11 18. INSURANCE .................................................................................................... 11 19. POST EMPLOYMENT HEALTH CARE SAVINGS PLAN.............................. 11 20. STANDBY ........................................................................................................ 11 21. UNIFORMS ..................................................................................................... 11 22. LONGEVITY .................................................................................................... 11 2 INDEX ARTICLE PAGE 23. HOLIDAYS ................................................................................................... 12 24. VACATIONS ................................................................................................. 12 25. SICK LEAVE ................................................................................................. 12 26. BEREAVEMENT LEAVE .............................................................................. 13 27. SEVERANCE PAY ....................................................................................... 13 28. INJURY ON DUTY ........................................................................................ 13 29. PREMIUM PAY ............................................................................................. 13 30. FIELD TRAINING OFFICERS ...................................................................... 13 31. POST LICENSE............................................................................................. 14 32. WAIVER ......................................................................................................... 14 33. DURATION .................................................................................................... 14 APPENDIX A-WAGES ................................................................................... 15 APPENDIX B - INCENTIVE PAY SYSTEM .................................................... 16 APPENDIX C- POST EMPLOYMENT HEALTH SAVINGS PLAN .............. 19 3 LABOR AGREEMENT BETWEEN THE CITY OF SHAKOPEE AND LAW ENFORCEMENT LABOR SERVICES, INC. ARTICLE 1. PURPOSE OF AGREEMENT This agreement is entered into as of January 1, 2017, between the City of Shakopee, hereinafter called the Employer, and the Law Enforcement Labor Services, Inc., hereinafter called the Union. It is the intent and purpose of this Agreement to: 1.1 Establish procedures for the resolution of disputes concerning this Agreement's interpretation and/or application and 1.2 Place in written form, the parties' agreement, upon terms and conditions of employment for the duration of this Agreement. ARTICLE 2. RECOGNITION 2.1 The Employer recognizes the Union as the exclusive representative, under Minnesota Statutes, Section 179A.03, Subdivision 14, for all Police Personnel in the following job classification: Police Officer 2.2 In the event the Employer and the Union are unable to agree as to the inclusion or exclusion of a new or modified job class, the issue shall be submitted to the Bureau of Mediation Services for determination. ARTICLE 3. DEFINITIONS 3.1 UNION: The Law Enforcement Labor Services, Inc. 3.2 UNION MEMBER: A member of the Law Enforcement Labor Services, Inc., Local No. 292. 3.3 EMPLOYEE: A member of the exclusively recognized bargaining unit. 3.4 DEPARTMENT: The Shakopee Police Department. 3.5 EMPLOYER: The City of Shakopee 3.6 CHIEF: The Chief of the Shakopee Police Department. 3.7 UNION OFFICER: Officer elected or appointed by the Law Enforcement Labor Services, Inc. 3.8 INVESTIGATOR/DETECTIVE: An employee specifically assigned or classified by the Employer, to the job classification and/or job position of Investigator/Detective. 4 3.9 SCHOOL RESOURCE OFFICER: An employee specifically assigned or classified by the Employer to the job duties of School Resource Officer in the Junior High or Senior High, during the regular nine-month school year. 3.10 MULTI-HOUSING OFFICER: An employee who is assigned to work with the management and occupants of attached housing developments, with a focus to reduce criminal activity and foster positive police-community relations. 3.11 OVERTIME: Work performed at the express authorization of the Employer in excess of the employee's scheduled shift. 3.12 SCHEDULED SHIFT: A consecutive work period including rest breaks and a lunch break. 3.13 REST BREAKS: Periods during the Scheduled Shift, during which the employee remains on continual duty and is responsible for assigned duties. 3.14 STRIKE: Concerted action in failing to report for duty, the willful absence from one's position, the stoppage of work, slow-down, or abstinence in whole or in part from the full, faithful and proper performance of the duties of employment for the purposes of inducing, influencing or coercing a change in the conditions or compensations or the rights, privileges or obligations of employment. ARTICLE 4. EMPLOYER SECURITY The Union agrees that during the life of this Agreement that the Union will not cause, encourage, participate in or support any strike, slow-down or other interruption of or interference with, the normal functions of the Employer. ARTICLE 5. EMPLOYER AUTHORITY 5.1 The Employer retains the full and unrestricted right to operate and manage all manpower, facilities and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct and determine the number of personnel; to establish work schedules and perform any inherent managerial function not specifically limited by this Agreement. 5.2 Any term and condition of employment not specifically established or modified by this Agreement shall remain solely within the discretion of the Employer to modify, establish or eliminate. ARTICLE 6. UNION SECURITY 6.1 The Employer shall deduct from the wages of Employees who authorized such a deduction, in writing, an amount necessary to cover monthly Union dues. Such monies shall be submitted as directed by the Union. 6.2 The Union may designate employees from the bargaining unit to act as a steward and an alternate and shall inform the employer, in writing, of such choice and changes in the position of steward and/or alternate. 6.3 The Employer shall make space available on the employee bulletin board for posting Union notice(s) and announcement(s). 5 6.4 The Union agrees to indemnify and hold the Employer harmless against any and all claims, suits, orders, judgments brought or issued against the Employer as a result of any action taken or not taken by the Employer under the provisions of this Article. ARTICLE 7. EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE 7.1 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. 7.2 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, as provided by Section 6.2 of this Agreement. 7.3 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 a 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 that the employee and the Union representative have notified and received the 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. 7.4 Procedure. Grievances, as defined by Section 7.1, 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 twenty-one (21) 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 by 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, 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 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the Employer-designated representatives' final Step 2 answer. Any grievance not appealed in writing to Step 3 by the Union within ten (10) calendar days following the Employer-designated representative's final Step 2 answer shall be considered waived. 6 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 by the Union may be submitted to the Minnesota Bureau of Mediation Services for mediation or to arbitration within ten (10) calendar days following the Employer-designated representative's final Step 3 answer. If the grievance is submitted to mediation and not resolved, it may be appealed to arbitration within ten (10) calendar days following the Employer-designated representative's final Step 4 answer. Step 5 A grievance unresolved in Step 4 and appealed to Step 5 by the Union shall be submitted to arbitration, subject to the provisions of the Public Employment Labor Relations Act of 1971, as amended. The selection of an arbitrator shall be made in accordance with rules established by the Bureau of Mediation Services. 7.5 Arbitrator's Authority A. The arbitrator shall have no right to amend, modify, nullify, ignore, add to or subtract from, the terms 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 close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on both the Employer and the Union and shall be based solely on the arbitrator's interpretation of 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, providing 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. 7.6 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 any agreed extension thereof, it shall be considered settled on the basis of the Employer's 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 written agreement of the Employer and the Union, in each step. 7 7.7 Choice of Remedy If, as a result of the written Employer response in Step 3, the grievance remains unresolved and if the grievance involves the suspension, demotion, or discharge of an employee who has completed the required probationary period, the grievance may be appealed to either Step 5 of Article VII or a procedure such as: Civil Service, Veteran's Preference or Fair Employment. If appealed to any procedure other than Step 5 of Article VII, the grievance is not subject to the arbitration procedure as provided in Step 5 of Article VII. The aggrieved employee shall indicate in writing which procedure is to be utilized, Step 4 of Article VII or another appeal procedure, and shall sign a statement to the effect that the choice of any other hearing precludes the aggrieved employee from making a subsequent appeal through Step 5 of Article VII. The election set forth above shall not apply to claims subject to the jurisdiction of the United States Equal Employment Opportunity Commission. ARTICLE 8. SAVINGS CLAUSE This Agreement is subject to all applicable laws. 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 provisions shall be voided. All other provisions of the Agreement shall continue in full force and effect. The voided provision may be re-negotiated at the written request of either party. ARTICLE 9. SENIORITY 9.1 Seniority shall be determined by the employee's length of continuous employment with the Police Department and posted in an appropriate location. Seniority rosters may be maintained by the Chief on the basis of time in grade and time within specific classifications. 9.2 During the probationary period a newly hired or re-hired employee may be discharged at the sole discretion of the Employer. During the probationary period a promoted or reassigned employee may be replaced in his\her previous position at the sole discretion of the Employer. 9.3 A reduction of work force will be accomplished on the basis of seniority. Employees shall be recalled from layoff on the basis of seniority. An employee on layoff shall have an opportunity to return to work in two (2) years of the time of his\her layoff before any new employee is hired. 9.4 Senior employees will be given preference with regard to transfer, job classification assignments and promotions when the job-relevant qualifications of employees are equal. 9.5 Senior qualified employees shall be given shift assignment preference after eighteen (18) months of continuous full-time employment. 9.6 One continuous vacation period shall be selected on the basis of seniority until February 1St of each year. 8 ARTICLE 10. DISCIPLINE 10.1 The Employer will discipline employees for just cause only. Discipline will be in one or more of the following forms: a) oral reprimand; b) written reprimand; C) suspension; d) demotion; or e) discharge. 10.2 Suspensions, demotions and discharges will be in written form. 10.3 Written reprimands, notices of suspension and notices of discharge which are to become part of an employee's personnel file shall be read and acknowledged by the signature of the employee. Employees and the Union will receive a copy of such reprimands and notices. 10.4 Employees may examine their own individual personnel files at reasonable times under the direct supervision of the Employer. 10.5 Discharges will be preceded by a five (5) day suspension, without pay. 10.6 Employees will not be questioned concerning an investigation of disciplinary action unless the employee has been given an opportunity to have a Union representative present at such questioning. 10.7 Grievances relating to this Article shall be initiated by the Union in Step 3 of the Grievance Procedure, under Article VII. ARTICLE 11. CONSTITUTIONAL PROTECTION Employees shall have the rights granted to all citizens by the United States and Minnesota State Constitution. ARTICLE 12. WORK SCHEDULE 12.1 The normal work year is two thousand and eighty hours (2,080) to be accounted for by each employee through: a) hours worked on assigned shifts; b) holidays; C) assigned training; and d) authorized leave time. 12.2 Holidays and authorized leave time is to be calculated on the basis of the actual length of time of the assigned shifts. 12.3 Nothing contained in this or any other article shall be interpreted to be a guarantee of a minimum or maximum of hours the Employer may assign employees. 9 ARTICLE 13. OVERTIME 13.1 Employees will be compensated at one and one-half (1 1/2) times the employee's regular base pay rate for hours worked in excess of the employee's regularly scheduled shift. Changes of shifts do not qualify an employee for overtime under this Article. 13.2 Overtime will be distributed as equally as practicable. 13.3 Overtime refused by employees will, for record purposes under Article 13.2, be considered as unpaid overtime worked. 13.4 For the purpose of computing overtime compensation, overtime hours worked shall not be pyramided, compounded or paid twice for the same hours worked. 13.5.1 Employees have the obligation to work overtime or callbacks if requested by the Employer, unless unusual emergency circumstances prevent the employee from so working. ARTICLE 14. COMP TIME All employees may carryover up to 40 hours of accumulated comp time from one payroll year to the next. Any hours of accumulated comp time in excess of 40 hours as of the end of the last pay period of the payroll year will have those hours converted into cash. The conversion will take place once a year as of the last pay period of the year. ARTICLE 15. COURT TIME An employee who is required to appear in Court during his or her scheduled off-duty time shall receive a minimum of three (3)_hours pay at one and one-half(1 1/2) times the employee's base pay rate, or three hours minimum compensatory time off at time and one-half(1 1/2), at the employee's discretion. An employee who is scheduled for Court during off-duty time, but subsequently canceled, shall be entitled to two (2) hours pay at the employee's base rate, unless the employee was notified of the cancellation prior to 5:00 PM of the preceding business day. An extension or early report to a regularly scheduled shift for Court appearance does not qualify the employee for the two (2) hour minimum. ARTICLE 16. CALL BACK TIME An employee who is called to duty during his or her scheduled off-duty time shall receive a minimum of three (3) hours pay at one and one-half(1 1/2) times the employee's base pay rate. An extension or early report to a regularly scheduled shift for duty does not qualify the employee for the three (3) hour minimum. When called back, the employee will be assigned to work a minimum of three (3) hours. 10 ARTICLE 17. WORKING OUT OF CLASSIFICATION Employees assigned by the Employer to assume the full responsibilities and authority of a higherjob classification in the bargaining unit shall receive the salary schedule of the higher classification for the duration of the assignment. ARTICLE 18. INSURANCE Police employees covered under this contract shall receive contributions towards health insurance premiums equal to that of non-contract employees. In addition, the City shall provide life and long term disability insurance equal to that of non-contract employees. ARTICLE 19. POST-EMPLOYMENT HEALTH CARE SAVINGS PLAN Police employees covered under this contract shall be enrolled in the Minnesota State Retirement System (MSRS) Health Care Savings Plan (HCSP). The City shall contribute $35 per month to each employee's HCSP, and automatically deposit a percentage of each employee's regular pay and severance pay, as outlined in Appendix C. ARTICLE 20. STANDBY PAY Employees required by the Employer to standby shall be paid for such standby time at the rate of one hours' pay for each on standby. ARTICLE 21. UNIFORMS Employees will be paid a uniform allowance during January of each year. The allowance will be nine hundred dollars ($900) for the life of the contract. Ep 20-14 and. 2015 and e;nh+ h.iPdrorJ 5;o„or+„ ARTICLE 22. LONGEVITY 22.1 Active employees as of January 1, 2014, shall have 30-days from the date this contract is signed to make a one-time selection between the Longevity Pay Plan outlined below and the Incentive Pay Plan outlined in Appendix B of this contract. Once an employee exercises this one-time option, his or her selection shall be binding for the duration of employment in this bargaining unit. There shall be no ability to switch to the other plan once a selection has been made. New hires after January 1, 2014 shall have one-year from their date of hire to make a one-time selection between the Longevity Plan and the Incentive Pay Plan, and that selection shall be binding for the duration of their employment in this bargaining unit. If an employee accepts compensation under the Incentive Pay Plan at any time prior to the one-year anniversary of their date of hire, their one-time selection shall be deemed to have been made and there shall be no ability to switch to the other plan. 22.2 The Longevity Pay Plan shall consist of the following: At the start of the fifth (5th) year of service, an employee shall receive one hundred twelve dollars and seven cents ($112.07) per month additional. 11 At the start of the eighth (8th) year of service, an employee shall receive one hundred thirty- eight dollars and ninety cents ($138.90) per month additional. At the start of the eleventh (11th) year of service, an employee shall receive one hundred sixty-five dollars and seventy cents ($165.70) per month additional. At the start of the fifteenth (15th) year of service, an employee shall receive one hundred ninety-four dollars and ninety-two cents ($194.92) per month additional. ARTICLE 23. HOLIDAYS 23.1 All permanent employees and full-time probationary employees shall be eligible for ninety- six hours of holiday pay (12 paid holidays). 23.2 Any employee required to work on any of the following listed twelve (12) paid holidays shall receive an additional one-half (1/2) times his\her base pay rate in addition to the regular holiday time off: 1. January 1st 7. First Monday in September 2. Third Monday in January 8. November 11th 3. Third Monday in February 9. Fourth Thursday in November 4. Easter Sunday 10. Fourth Friday in November 5. Last Monday in May 11. December 24th 6. July 4th 12. December 251h 23.3 The Employer may, at his\her option, buy back from any employee so requesting in writing by November 1st of each calendar year any holiday time off earned but not used by the employee by December 31 st of any calendar year. 23.4 An employee leaving the City's employment shall receive holiday pay on a pro-rated basis. ARTICLE 24. VACATIONS 24.1 Employees shall earn vacation as follows: 0 - 5 years of service 80 hours per year 6 - 10 years of service 120 hours per year Over 10 years of service 8 additional hours per year not to exceed 200 hours 24.2 Employees who have 0 - 4 years of employment may accumulate no more than 240 hours of vacation leave. Employees who have 5 — 15 years of employment may accumulate no more than 300 hours of vacation leave. Employees who have 16 or more years of employment may accumulate no more than 360 hours of vacation leave. An employee who is separated for any reason shall be paid for any accumulated vacation. ARTICLE 25. SICK LEAVE 25.1 An employee shall accumulate sick leave at the rate of one day (eight hours) per month of service to a maximum of nine hundred sixty (960) hours. After nine hundred sixty (960) hours is reached, one day (8 hours) of sick leave per month shall accumulate to a sick leave bank. Any employee absent from work for fifteen (15) consecutive calendar days shall have 12 said sick leave deducted from the sick leave bank until such time as the sick leave bank is exhausted before deductions are made from regular accumulated sick leave. At year end, employees who have hours in a sick ,eave bank, will be able to convert any sick leave bank hours above the 960 threshold into the employees Post Employment Health Care Saving Plan at a ratio of 3 hours to 1 hour. 25.2 Employees who have accumulated a minimum of 160 hours of sick leave may convert sick leave to vacation at the rate of 3 hours of sick leave to 1 hour of vacation up to a maximum of 20 hours of vacation per year per City policy. ARTICLE 26. BEREAVEMENT LEAVE Sick leave also may be granted for a maximum of three days per occurrence for death of the employee's spouse, child, step-child, parent, step-parent, sibling, father-in-law, mother-in-law, brother-in-law, sister-in-law, step-brother, step-sister, son-in-law, daughter-in-law, grandparent, grandchild, or any relative residing permanently with and dependent upon the employee. Funeral leave benefits for the deaths of individuals other than members of the immediate family shall be charged to vacation time. ARTICLE 27. SEVERANCE PAY Any employee who has completed five (5) years of employment with the City of Shakopee and is separated from his\her position by retirement, discharge or resignation shall receive severance pay of forty-five percent (45%) of a maximum of nine hundred sixty (960) hours of accumulated regular sick leave calculated on the basis of his\her current wage scale. Should any employee resign without giving two (2) weeks written notice, except for reasons of ill health, they shall forfeit his\her right to all accumulated leave. ARTICLE 28. INJURY ON DUTY Employees injured while on duty, through no fault of the employee, shall be paid the difference between the employee's regular rate of pay and workers compensation benefits for a period not to exceed seventy-five (75) working days, in accordance with guidelines set forth in M.S. 176.021, Subd. 5, beginning with the sixth (6th) working day of such injury. Such time shall not be charged against the employee's sick leave, vacation or other accumulated benefits. ARTICLE 29. PREMIUM PAY When no supervisor such as the Police Chief, a Captain or a Sergeant is working, but two or more officers are working for a period of two hours or more, the senior officer is in charge and responsible for the maintenance of those standards and procedures necessary for the department to function properly. Being in charge for a period of two hours or more will then qualify the senior officer for premium pay of$1.20 per hour. ARTICLE 30. FIELD TRAINING OFFICERS Employees acting as Field Training Officers (FTOs) shall receive one and one quarter hours (1.25) of pay for each shift worked as FTO. 13 ARTICLE 31. POST LICENSE The Employer will pay up to ninety dollars ($90) towards the renewal of the Police Officers Standards and Training (POST) License every three years, while the officer is actively employed by the City of Shakopee. ARTICLE 32. WAIVER 32.1 Any and all prior agreements, resolutions, practices, rules and regulations regarding terms and conditions of employment, to the extent inconsistent with the provisions of this Agreement, are hereby superseded. 32.2 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 of the parties at the time this Agreement was negotiated or executed. ARTICLE 33. DURATION This agreement shall be effective as of the first (1st) day of January, 2017 and shall remain in full effect until the thirty-first (31 st) day of December, IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this day of ' 2017. FOR THE CITY OF SHAKOPEE LAW ENFORCEMENT LABOR SERVICES, INC., LOCAL NO. 292 Mayor Union Steward City Administrator Union Steward City Clerk LELS Business Agent 14 APPENDIX A WAGES 3% Wage Increase -- effective Dec. 26, 2016 Step 1 Step 2 Step 3 Step 4 Step 5 start after 12 mos. after 24 mos. after 36 mos. after 48 mos. 75% 81.25% 87.50% 93.75% 100% Monthly $4,948.53 $5,360.91 $5,773.29 $6,185.66 $6,598.05 Hourly $28.55 $30.93 $33.31 $35.69 $38.07 3% Wage Increase -- effective Dec. 25, 2017 Step 1 Step 2 Step 3 Step 4 Step 5 start after 12 mos. after 24 mos. after 36 mos. after 48 mos. 75% 81.25% 87.50% 93.75% 100% Monthly $5,096.98 JL521.74 IL246.49 IL27__. JL795.99 Hourly $29.41 $31.86 $34.31 $36.76 $39.21 3% Wage Increase -- effective Dec. 24, 2018 Step 1 Step 2 Step 3 Step 4 Step 5 start after 12 mos. after 24 mos. after 36 mos. after 48 mos. 75% 81.25% 87.50% 93.75% 100% Monthly $5,249.89 5 687.396 124.88 6 562.37 6 999.87 Hourly $30.29 $32.81 $35.34 $37.86 $40.38 The Employer agrees to pay a shift differential of three hundred dollars ($300) per month to the employees appointed or assigned by the Employer to act as an Investigator/ Detective. Employees assigned by the Employer to act as School Resource Officers (SRO's) in the Middle School, Junior High or Senior High shall receive a shift differential of two hundred and twenty dollars ($220) per month. fq-.rthe ;TieMepths t"-+ seheel c ^ sessme. The SRO shift differential will be paid out over twelve (12) calendar months. Employees assigned by the Employer to the Street Crimes Task Force or to the position of Crime Prevention Officer, shall receive a shift differential of one hundred and forty dollars ($140) per month for the duration of the assignment. All shift differentials are paid out as an hourly rate equivalent to the monthly rate. 15 APPENDIX B INCENTIVE PAY SYSTEM Employees selecting the Incentive Pay Plan may earn additional compensation based on the following criteria: B.1 Education/Training (up to $ 20 4$0/month or$2,640 2,449 year) 1. Bachelor's Degree. Employees with a Bachelor's degree in a job-related field shall receive sixty dollars ($60) per month. (Eligible upon hire.) 2. Master's Degree. Employees with a Master's degree in a job-related field shall receive an additional eighty dollars ($80) per month in addition to what is received for having a Bachelor's degree. (Eligible upon hire.) 3. Continuing Education / Training. Employees annually completing one of the following shall receive an additional eighty dollars ($80) per month. (Eligible after 2 years of service.) (a) Academic- 2 courses (minimum 6 credits), or (b) Training - 14 P.O.S.T. credits Academic courses must be from an accredited institution of higher learning and be approved by the Chief of Police prior to enrolling. The City would reimburse employees for college courses consistent with the City's tuition reimbursement policy. Training sessions must be approved by the Chief of Police prior to attending. The City would pay for the training sessions. The training requirements are above and beyond the normal P.O.S.T. licensing requirements. The courses/training sessions must be attended on off-duty time. B. 2 Community Service ($60/month or$720/year) Employees who are actively involved in some outside community service (scouting activities, service clubs, youth athletics, church groups, etc.) would be eligible to receive additional compensation. Community service has to occur in an organization within the City of Shakopee, or has to be sponsored by the City of Shakopee to qualify. Community service activities are an excellent means of personal growth and development, and should result in the employee having substantial input into the community. Community service activities need to occur on an annual basis. Community service activities must be pre-approved by the Chief of Police and employee must show evidence of participation in the group/activity. Eligibility upon hire. efseP64se. 16 B.3 Fitness ($150 60/month or$1,800 720/year) 1. Cardio ($30/month) - tested by a 1.5-mile run 2. Core Strength ($15/month) - #of sit-ups completed in 1 minute 3. Upper-Body Strength ($15/month) - #of push-ups completed in 1 minute The tests will be administered according to the Cooper Fitness Standards for Law Enforcement. Employees must score at or above the 501h percentile for their age and gender in order to receive the au,-,v,- incentive pay. The city will also pay an employee, who receives an Excellent rating on the fitness test (i.e., has scores in the 80th percentile of the Cooper Fitness Standards for Law Enforcement) the following incentive pay, in addition to the pay at the 50th percentile. 1. Cardio ($40/month) - tested by a 1.5-mile run 2. Core Strength ($20/month) - #of sit-ups completed in 1 minute 3. Upper-Body Strength ($20/month) - #of push-ups completed in 1 minute In addition, the city will pay an additional $10 per month for an employee who achieves Excellent scores in all three of the above categories. The assessment will be offered twice a year at roughly six month intervals. Employees successfully completing the first assessment offered for the year shall receive fitness pay for the following twelve months and do not need to re-test during that time. Employees that do not successfully complete the assessment the first time it is offered may request to retest roughly six months after the initial test. Employees successfully completing the assessment the second time it is offered will receive fitness pay for the following six- months and must re-test again after that time. Employees that successfully complete one or two components during the first testing session and wish to try or re-try the remaining component(s) at the six-month point will be given the opportunity to do so. Eligibility after 1 year of service. B. 4 Foreign Language Skills ($60/month /$720/year) Employees shall take a speaking exam through Language Testing International, or a mutually approved equivalent testing service. This is a 30 minute over-the-phone test, the cost of which will be paid by the City. 17 To qualify for incentive pay, employees must score at the Advanced Level on the current ACTFL Proficiency scale. Employees must successfully re-test once every two-years in order to maintain eligibility for the incentive pay. Eligible foreign languages are those having a recognized presence in the community, as noted by the Shakopee Public Schools records of languages spoken in student's homes. American Sign Language shall be an eligible language for the purposes of this component. Sign language proficiency shall be measured by the American Sign Language Proficiency Interview offered through Galluadet University, or a mutually approved equivalent testing service. Employees must score at or above Proficiency Level 3, and successfully re-test once every two-years. Eligibility immediately upon hire. 18 APPENDIX C POST EMPLOYMENT HEALTH CARE SAVINGS PLAN (HCSP) CONTRIBUTION SCHEDULE FOR LELS MEMBERS Years of Service with the Hire Beginning 2nd Beginning 16th Beginning 31St City of Shakopee – 1 yr. through 15 yrs. through 30 yrs. yrs. % of payroll contribution 0% 2% 2% City Contribution 35/month 35/month 35/month 35/month Severance contribution of unused sick leave (45% None 50%* 100%* 100%** of max of 960 hours) Contribution of Accrued None None 50% 100% Vacation Accelerated Sick Leave NA NA 100% of Step-up 100% of Step-up Payout*** — Formula Formula *Upon eligibility after year 5 ** For employees who are ineligible for Accelerated Sick Leave Payout *** Upon eligibility after year 15 Accelerated Sick Leave Severance Payout The City of Shakopee appreciates employees, who through long-term service and dedication, contribute to making the city a successful and positive service provider. In recognition, thereof, the City acknowledges such long-term service by providing an accelerated sick leave payout formula listed below if the employee meets all the following conditions: • Full-time or part-time benefit-eligible employee with the City of Shakopee for 15 continuous years or more. • Employee must reach the age (usually age 55, as governed by Minnesota Statutes, 2004, 353.29 and related chapters) and service requirements to be qualified for retirement under PERA. • Employee is separating employment in good standing. • The percentage of the severance pay-out shall be based on a maximum of 960 hours of accumulated sick leave calculated on the basis of the employee's current annual base pay. • The accelerated severance payment will be deposited in the employee's HCSP account not later than the first regularly scheduled payday following the employee's final day of employment. • Anniversary date of full-time employment or part-time benefit-eligible date is used to compute years of service with Shakopee. Completion of Continuous Service With the City of Shakopee Step-up Payout formula 15 years 55% 16 years 57% 17 years 59% 18 years 61% 19 years 63% 20 years 65% 21 years 67% 22 years 69% 23 years 71% 24 years 73% 25 years 75% 19 LABOR AGREEMENT BETWEEN THE CITY OF SHAKOPEE AND LAW ENFORCEMENT LABOR SERVICES, INC. Police Officers Effective January 1, 2017 — December 31, 2019 INDEX ARTICLE PAGE 1. PURPOSE OF AGREEMENT........................................................................ 4 2. RECOGNITION............................................................................................... 4 3. DEFINITIONS ................................................................................................. 4 4. EMPLOYER SECURITY ................................................................................ 5 5. EMPLOYER AUTHORITY ............................................................................. 5 6. UNION SECURITY ........................................................................................ 5 7. EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE .................................. 6 8. SAVINGS CLAUSE ....................................................................................... 8 9. SENIORITY .................................................................................................... 8 10. DISCIPLINE .................................................................................................... 9 11. CONSTITUTIONAL PROTECTION ............................................................... 9 12. WORK SCHEDULE ........................................................................................ 9 13. OVERTIME ...................................................................................................... 10 14. COMP TIME .................................................................................................... 10 15. COURT TIME .................................................................................................. 10 16. CALL BACK TIME ........................................................................................... 10 17. WORKING OUT CLASSIFICATION ............................................................... 11 18. INSURANCE .................................................................................................... 11 19. POST EMPLOYMENT HEALTH CARE SAVINGS PLAN.............................. 11 20. STANDBY ........................................................................................................ 11 21. UNIFORMS ..................................................................................................... 11 22. LONGEVITY .................................................................................................... 11 2 INDEX ARTICLE PAGE 23. HOLIDAYS ................................................................................................... 12 24. VACATIONS ................................................................................................. 12 25. SICK LEAVE ................................................................................................. 12 26. BEREAVEMENT LEAVE .............................................................................. 13 27. SEVERANCE PAY ....................................................................................... 13 28. INJURY ON DUTY ........................................................................................ 13 29. PREMIUM PAY ............................................................................................. 13 30. FIELD TRAINING OFFICERS ...................................................................... 13 31. POST LICENSE............................................................................................. 14 32. WAIVER ......................................................................................................... 14 33. DURATION .................................................................................................... 14 APPENDIX A-WAGES ................................................................................... 15 APPENDIX B - INCENTIVE PAY SYSTEM .................................................... 16 APPENDIX C- POST EMPLOYMENT HEALTH SAVINGS PLAN .............. 19 3 LABOR AGREEMENT BETWEEN THE CITY OF SHAKOPEE AND LAW ENFORCEMENT LABOR SERVICES, INC. ARTICLE 1. PURPOSE OF AGREEMENT This agreement is entered into as of January 1, 2017, between the City of Shakopee, hereinafter called the Employer, and the Law Enforcement Labor Services, Inc., hereinafter called the Union. It is the intent and purpose of this Agreement to: 1.1 Establish procedures for the resolution of disputes concerning this Agreement's interpretation and/or application and 1.2 Place in written form, the parties' agreement, upon terms and conditions of employment for the duration of this Agreement. ARTICLE 2. RECOGNITION 2.1 The Employer recognizes the Union as the exclusive representative, under Minnesota Statutes, Section 179A.03, Subdivision 14, for all Police Personnel in the following job classification: Police Officer 2.2 In the event the Employer and the Union are unable to agree as to the inclusion or exclusion of a new or modified job class, the issue shall be submitted to the Bureau of Mediation Services for determination. ARTICLE 3. DEFINITIONS 3.1 UNION: The Law Enforcement Labor Services, Inc. 3.2 UNION MEMBER: A member of the Law Enforcement Labor Services, Inc., Local No. 292. 3.3 EMPLOYEE: A member of the exclusively recognized bargaining unit. 3.4 DEPARTMENT: The Shakopee Police Department. 3.5 EMPLOYER: The City of Shakopee 3.6 CHIEF: The Chief of the Shakopee Police Department. 3.7 UNION OFFICER: Officer elected or appointed by the Law Enforcement Labor Services, Inc. 3.8 INVESTIGATOR/DETECTIVE: An employee specifically assigned or classified by the Employer, to the job classification and/or job position of Investigator/Detective. 4 3.9 SCHOOL RESOURCE OFFICER: An employee specifically assigned or classified by the Employer to the job duties of School Resource Officer in the Junior High or Senior High, during the regular nine-month school year. 3.10 MULTI-HOUSING OFFICER: An employee who is assigned to work with the management and occupants of attached housing developments, with a focus to reduce criminal activity and foster positive police-community relations. 3.11 OVERTIME: Work performed at the express authorization of the Employer in excess of the employee's scheduled shift. 3.12 SCHEDULED SHIFT: A consecutive work period including rest breaks and a lunch break. 3.13 REST BREAKS: Periods during the Scheduled Shift, during which the employee remains on continual duty and is responsible for assigned duties. 3.14 STRIKE: Concerted action in failing to report for duty, the willful absence from one's position, the stoppage of work, slow-down, or abstinence in whole or in part from the full, faithful and proper performance of the duties of employment for the purposes of inducing, influencing or coercing a change in the conditions or compensations or the rights, privileges or obligations of employment. ARTICLE 4. EMPLOYER SECURITY The Union agrees that during the life of this Agreement that the Union will not cause, encourage, participate in or support any strike, slow-down or other interruption of or interference with, the normal functions of the Employer. ARTICLE 5. EMPLOYER AUTHORITY 5.1 The Employer retains the full and unrestricted right to operate and manage all manpower, facilities and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct and determine the number of personnel; to establish work schedules and perform any inherent managerial function not specifically limited by this Agreement. 5.2 Any term and condition of employment not specifically established or modified by this Agreement shall remain solely within the discretion of the Employer to modify, establish or eliminate. ARTICLE 6. UNION SECURITY 6.1 The Employer shall deduct from the wages of Employees who authorized such a deduction, in writing, an amount necessary to cover monthly Union dues. Such monies shall be submitted as directed by the Union. 6.2 The Union may designate employees from the bargaining unit to act as a steward and an alternate and shall inform the employer, in writing, of such choice and changes in the position of steward and/or alternate. 6.3 The Employer shall make space available on the employee bulletin board for posting Union notice(s) and announcement(s). 5 6.4 The Union agrees to indemnify and hold the Employer harmless against any and all claims, suits, orders, judgments brought or issued against the Employer as a result of any action taken or not taken by the Employer under the provisions of this Article. ARTICLE 7. EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE 7.1 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. 7.2 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, as provided by Section 6.2 of this Agreement. 7.3 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 a 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 that the employee and the Union representative have notified and received the 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. 7.4 Procedure. Grievances, as defined by Section 7.1, 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 twenty-one (21) 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 by 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, 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 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the Employer-designated representatives' final Step 2 answer. Any grievance not appealed in writing to Step 3 by the Union within ten (10) calendar days following the Employer-designated representative's final Step 2 answer shall be considered waived. 6 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 by the Union may be submitted to the Minnesota Bureau of Mediation Services for mediation or to arbitration within ten (10) calendar days following the Employer-designated representative's final Step 3 answer. If the grievance is submitted to mediation and not resolved, it may be appealed to arbitration within ten (10) calendar days following the Employer-designated representative's final Step 4 answer. Step 5 A grievance unresolved in Step 4 and appealed to Step 5 by the Union shall be submitted to arbitration, subject to the provisions of the Public Employment Labor Relations Act of 1971, as amended. The selection of an arbitrator shall be made in accordance with rules established by the Bureau of Mediation Services. 7.5 Arbitrator's Authority A. The arbitrator shall have no right to amend, modify, nullify, ignore, add to or subtract from, the terms 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 close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on both the Employer and the Union and shall be based solely on the arbitrator's interpretation of 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, providing 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. 7.6 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 any agreed extension thereof, it shall be considered settled on the basis of the Employer's 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 written agreement of the Employer and the Union, in each step. 7 7.7 Choice of Remedy If, as a result of the written Employer response in Step 3, the grievance remains unresolved and if the grievance involves the suspension, demotion, or discharge of an employee who has completed the required probationary period, the grievance may be appealed to either Step 5 of Article VII or a procedure such as: Civil Service, Veteran's Preference or Fair Employment. If appealed to any procedure other than Step 5 of Article VII, the grievance is not subject to the arbitration procedure as provided in Step 5 of Article VII. The aggrieved employee shall indicate in writing which procedure is to be utilized, Step 4 of Article VII or another appeal procedure, and shall sign a statement to the effect that the choice of any other hearing precludes the aggrieved employee from making a subsequent appeal through Step 5 of Article VII. The election set forth above shall not apply to claims subject to the jurisdiction of the United States Equal Employment Opportunity Commission. ARTICLE 8. SAVINGS CLAUSE This Agreement is subject to all applicable laws. 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 provisions shall be voided. All other provisions of the Agreement shall continue in full force and effect. The voided provision may be re-negotiated at the written request of either party. ARTICLE 9. SENIORITY 9.1 Seniority shall be determined by the employee's length of continuous employment with the Police Department and posted in an appropriate location. Seniority rosters may be maintained by the Chief on the basis of time in grade and time within specific classifications. 9.2 During the probationary period a newly hired or re-hired employee may be discharged at the sole discretion of the Employer. During the probationary period a promoted or reassigned employee may be replaced in his\her previous position at the sole discretion of the Employer. 9.3 A reduction of work force will be accomplished on the basis of seniority. Employees shall be recalled from layoff on the basis of seniority. An employee on layoff shall have an opportunity to return to work in two (2) years of the time of his\her layoff before any new employee is hired. 9.4 Senior employees will be given preference with regard to transfer, job classification assignments and promotions when the job-relevant qualifications of employees are equal. 9.5 Senior qualified employees shall be given shift assignment preference after eighteen (18) months of continuous full-time employment. 9.6 One continuous vacation period shall be selected on the basis of seniority until February 1St of each year. 8 ARTICLE 10. DISCIPLINE 10.1 The Employer will discipline employees for just cause only. Discipline will be in one or more of the following forms: a) oral reprimand; b) written reprimand; C) suspension; d) demotion; or e) discharge. 10.2 Suspensions, demotions and discharges will be in written form. 10.3 Written reprimands, notices of suspension and notices of discharge which are to become part of an employee's personnel file shall be read and acknowledged by the signature of the employee. Employees and the Union will receive a copy of such reprimands and notices. 10.4 Employees may examine their own individual personnel files at reasonable times under the direct supervision of the Employer. 10.5 Discharges will be preceded by a five (5) day suspension, without pay. 10.6 Employees will not be questioned concerning an investigation of disciplinary action unless the employee has been given an opportunity to have a Union representative present at such questioning. 10.7 Grievances relating to this Article shall be initiated by the Union in Step 3 of the Grievance Procedure, under Article VII. ARTICLE 11. CONSTITUTIONAL PROTECTION Employees shall have the rights granted to all citizens by the United States and Minnesota State Constitution. ARTICLE 12. WORK SCHEDULE 12.1 The normal work year is two thousand and eighty hours (2,080) to be accounted for by each employee through: a) hours worked on assigned shifts; b) holidays; C) assigned training; and d) authorized leave time. 12.2 Holidays and authorized leave time is to be calculated on the basis of the actual length of time of the assigned shifts. 12.3 Nothing contained in this or any other article shall be interpreted to be a guarantee of a minimum or maximum of hours the Employer may assign employees. 9 ARTICLE 13. OVERTIME 13.1 Employees will be compensated at one and one-half (1 1/2) times the employee's regular base pay rate for hours worked in excess of the employee's regularly scheduled shift. Changes of shifts do not qualify an employee for overtime under this Article. 13.2 Overtime will be distributed as equally as practicable. 13.3 Overtime refused by employees will, for record purposes under Article 13.2, be considered as unpaid overtime worked. 13.4 For the purpose of computing overtime compensation, overtime hours worked shall not be pyramided, compounded or paid twice for the same hours worked. 13.5.1 Employees have the obligation to work overtime or callbacks if requested by the Employer, unless unusual emergency circumstances prevent the employee from so working. ARTICLE 14. COMP TIME All employees may carryover up to 40 hours of accumulated comp time from one payroll year to the next. Any hours of accumulated comp time in excess of 40 hours as of the end of the last pay period of the payroll year will have those hours converted into cash. The conversion will take place once a year as of the last pay period of the year. ARTICLE 15. COURT TIME An employee who is required to appear in Court during his or her scheduled off-duty time shall receive a minimum of three (3)_hours pay at one and one-half(1 1/2) times the employee's base pay rate, or three hours minimum compensatory time off at time and one-half(1 1/2), at the employee's discretion. An employee who is scheduled for Court during off-duty time, but subsequently canceled, shall be entitled to two (2) hours pay at the employee's base rate, unless the employee was notified of the cancellation prior to 5:00 PM of the preceding business day. An extension or early report to a regularly scheduled shift for Court appearance does not qualify the employee for the two (2) hour minimum. ARTICLE 16. CALL BACK TIME An employee who is called to duty during his or her scheduled off-duty time shall receive a minimum of three (3) hours pay at one and one-half(1 1/2) times the employee's base pay rate. An extension or early report to a regularly scheduled shift for duty does not qualify the employee for the three (3) hour minimum. When called back, the employee will be assigned to work a minimum of three (3) hours. 10 ARTICLE 17. WORKING OUT OF CLASSIFICATION Employees assigned by the Employer to assume the full responsibilities and authority of a higherjob classification in the bargaining unit shall receive the salary schedule of the higher classification for the duration of the assignment. ARTICLE 18. INSURANCE Police employees covered under this contract shall receive contributions towards health insurance premiums equal to that of non-contract employees. In addition, the City shall provide life and long term disability insurance equal to that of non-contract employees. ARTICLE 19. POST-EMPLOYMENT HEALTH CARE SAVINGS PLAN Police employees covered under this contract shall be enrolled in the Minnesota State Retirement System (MSRS) Health Care Savings Plan (HCSP). The City shall contribute $35 per month to each employee's HCSP, and automatically deposit a percentage of each employee's regular pay and severance pay, as outlined in Appendix C. ARTICLE 20. STANDBY PAY Employees required by the Employer to standby shall be paid for such standby time at the rate of one hours' pay for each on standby. ARTICLE 21. UNIFORMS Employees will be paid a uniform allowance during January of each year. The allowance will be nine hundred dollars ($900) for the life of the contract. ARTICLE 22. LONGEVITY 22.1 Active employees as of January 1, 2014, shall have 30-days from the date this contract is signed to make a one-time selection between the Longevity Pay Plan outlined below and the Incentive Pay Plan outlined in Appendix B of this contract. Once an employee exercises this one-time option, his or her selection shall be binding for the duration of employment in this bargaining unit. There shall be no ability to switch to the other plan once a selection has been made. New hires after January 1, 2014 shall have one-year from their date of hire to make a one-time selection between the Longevity Plan and the Incentive Pay Plan, and that selection shall be binding for the duration of their employment in this bargaining unit. If an employee accepts compensation under the Incentive Pay Plan at any time prior to the one-year anniversary of their date of hire, their one-time selection shall be deemed to have been made and there shall be no ability to switch to the other plan. 22.2 The Longevity Pay Plan shall consist of the following: At the start of the fifth (5th) year of service, an employee shall receive one hundred twelve dollars and seven cents ($112.07) per month additional. 11 At the start of the eighth (8th) year of service, an employee shall receive one hundred thirty- eight dollars and ninety cents ($138.90) per month additional. At the start of the eleventh (11th) year of service, an employee shall receive one hundred sixty-five dollars and seventy cents ($165.70) per month additional. At the start of the fifteenth (15th) year of service, an employee shall receive one hundred ninety-four dollars and ninety-two cents ($194.92) per month additional. ARTICLE 23. HOLIDAYS 23.1 All permanent employees and full-time probationary employees shall be eligible for ninety- six hours of holiday pay (12 paid holidays). 23.2 Any employee required to work on any of the following listed twelve (12) paid holidays shall receive an additional one-half (1/2) times his\her base pay rate in addition to the regular holiday time off: 1. January 1st 7. First Monday in September 2. Third Monday in January 8. November 11th 3. Third Monday in February 9. Fourth Thursday in November 4. Easter Sunday 10. Fourth Friday in November 5. Last Monday in May 11. December 24th 6. July 4th 12. December 251h 23.3 The Employer may, at his\her option, buy back from any employee so requesting in writing by November 1st of each calendar year any holiday time off earned but not used by the employee by December 31 st of any calendar year. 23.4 An employee leaving the City's employment shall receive holiday pay on a pro-rated basis. ARTICLE 24. VACATIONS 24.1 Employees shall earn vacation as follows: 0 - 5 years of service 80 hours per year 6 - 10 years of service 120 hours per year Over 10 years of service 8 additional hours per year not to exceed 200 hours 24.2 Employees who have 0 - 4 years of employment may accumulate no more than 240 hours of vacation leave. Employees who have 5 — 15 years of employment may accumulate no more than 300 hours of vacation leave. Employees who have 16 or more years of employment may accumulate no more than 360 hours of vacation leave. An employee who is separated for any reason shall be paid for any accumulated vacation. ARTICLE 25. SICK LEAVE 25.1 An employee shall accumulate sick leave at the rate of one day (eight hours) per month of service to a maximum of nine hundred sixty (960) hours. After nine hundred sixty (960) hours is reached, one day (8 hours) of sick leave per month shall accumulate to a sick leave bank. Any employee absent from work for fifteen (15) consecutive calendar days shall have said sick leave deducted from the sick leave bank until such time as the sick leave bank is 12 exhausted before deductions are made from regular accumulated sick leave. At year end, employees who have hours in a sick leave bank, will be able to convert any sick leave bank hours above the 960 threshold into the employees Post Employment Health Care Saving Plan at a ratio of 3 hours to 1 hour. 25.2 Employees who have accumulated a minimum of 160 hours of sick leave may convert sick leave to vacation at the rate of 3 hours of sick leave to 1 hour of vacation up to a maximum of 20 hours of vacation per year per City policy. ARTICLE 26. BEREAVEMENT LEAVE Sick leave also may be granted for a maximum of three days per occurrence for death of the employee's spouse, child, step-child, parent, step-parent, sibling, father-in-law, mother-in-law, brother-in-law, sister-in-law, step-brother, step-sister, son-in-law, daughter-in-law, grandparent, grandchild, or any relative residing permanently with and dependent upon the employee. Funeral leave benefits for the deaths of individuals other than members of the immediate family shall be charged to vacation time. ARTICLE 27. SEVERANCE PAY Any employee who has completed five (5) years of employment with the City of Shakopee and is separated from his\her position by retirement, discharge or resignation shall receive severance pay of forty-five percent (45%) of a maximum of nine hundred sixty (960) hours of accumulated regular sick leave calculated on the basis of his\her current wage scale. Should any employee resign without giving two (2) weeks written notice, except for reasons of ill health, they shall forfeit his\her right to all accumulated leave. ARTICLE 28. INJURY ON DUTY Employees injured while on duty, through no fault of the employee, shall be paid the difference between the employee's regular rate of pay and workers compensation benefits for a period not to exceed seventy-five (75) working days, in accordance with guidelines set forth in M.S. 176.021, Subd. 5, beginning with the sixth (6th) working day of such injury. Such time shall not be charged against the employee's sick leave, vacation or other accumulated benefits. ARTICLE 29. PREMIUM PAY When no supervisor such as the Police Chief, a Captain or a Sergeant is working, but two or more officers are working for a period of two hours or more, the senior officer is in charge and responsible for the maintenance of those standards and procedures necessary for the department to function properly. Being in charge for a period of two hours or more will then qualify the senior officer for premium pay of$1.20 per hour. ARTICLE 30. FIELD TRAINING OFFICERS Employees acting as Field Training Officers (FTOs) shall receive one and one quarter hours (1.25) of pay for each shift worked as FTO. 13 ARTICLE 31. POST LICENSE The Employer will pay up to ninety dollars ($90) towards the renewal of the Police Officers Standards and Training (POST) License every three years, while the officer is actively employed by the City of Shakopee. ARTICLE 32. WAIVER 32.1 Any and all prior agreements, resolutions, practices, rules and regulations regarding terms and conditions of employment, to the extent inconsistent with the provisions of this Agreement, are hereby superseded. 32.2 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 of the parties at the time this Agreement was negotiated or executed. ARTICLE 33. DURATION This agreement shall be effective as of the first (1st) day of January, 2017 and shall remain in full effect until the thirty-first (31 st) day of December, 2019. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this day of ' 2017. FOR THE CITY OF SHAKOPEE LAW ENFORCEMENT LABOR SERVICES, INC., LOCAL NO. 292 Mayor Union Steward City Administrator Union Steward City Clerk LELS Business Agent 14 APPENDIX A WAGES 3% Wage Increase -- effective Dec. 26, 2016 Step 1 Step 2 Step 3 Step 4 Step 5 start after 12 mos. after 24 mos. after 36 mos. after 48 mos. 75% 81.25% 87.50% 93.75% 100% Monthly $4,948.53 $5,360.91 $5,773.29 $6,185.66 $6,598.05 Hourly $28.55 $30.93 $33.31 $35.69 $38.07 3% Wage Increase -- effective Dec. 25, 2017 Step 1 Step 2 Step 3 Step 4 Step 5 start after 12 mos. after 24 mos. after 36 mos. after 48 mos. 75% 81.25% 87.50% 93.75% 100% Monthly $5,096.98 $5,521.74 $5,946.49 $6,371.23 $6,795.99 Hourly $29.41 $31.86 $34.31 $36.76 $39.21 3% Wage Increase -- effective Dec. 24, 2018 Step 1 Step 2 Step 3 Step 4 Step 5 start after 12 mos. after 24 mos. after 36 mos. after 48 mos. 75% 81.25% 87.50% 93.75% 100% Monthly $5,249.89 $5,687.39 $6,124.88 $6,562.37 $6,999.87 Hourly $30.29 $32.81 $35.34 $37.86 $40.38 The Employer agrees to pay a shift differential three hundred dollars ($300) per month to the employees appointed or assigned by the Employer to act as an Investigator/ Detective. Employees assigned by the Employer to act as School Resource Officers (SRO's) in the Middle School, Junior High or Senior High shall receive a shift differential of two hundred and twenty dollars ($220) per month. The SRO shift differential will be paid out over twelve (12) calendar months. Employees assigned by the Employer to the Street Crimes Task Force or to the position of Crime Prevention Officer, shall receive a shift differential of one hundred and forty dollars ($140) per month for the duration of the assignment. All shift differentials are paid out as an hourly rate equivalent to the monthly rate. 15 APPENDIX B INCENTIVE PAY SYSTEM Employees selecting the Incentive Pay Plan may earn additional compensation based on the following criteria: B.1 Education/Training (up to $220/month or$2,640 year) 1. Bachelor's Degree. Employees with a Bachelor's degree in a job-related field shall receive sixty dollars ($60) per month. (Eligible upon hire.) 2. Master's Degree. Employees with a Master's degree in a job-related field shall receive an additional eighty dollars ($80) per month in addition to what is received for having a Bachelor's degree. (Eligible upon hire.) 3. Continuing Education / Training. Employees annually completing one of the following shall receive an additional eighty dollars ($80) per month. (Eligible after 2 years of service.) (a) Academic- 2 courses (minimum 6 credits), or (b) Training - 14 P.O.S.T. credits Academic courses must be from an accredited institution of higher learning and be approved by the Chief of Police prior to enrolling. The City would reimburse employees for college courses consistent with the City's tuition reimbursement policy. Training sessions must be approved by the Chief of Police prior to attending. The City would pay for the training sessions. The training requirements are above and beyond the normal P.O.S.T. licensing requirements. The courses/training sessions must be attended on off-duty time. B. 2 Community Service ($60/month or$720/year) Employees who are actively involved in some outside community service (scouting activities, service clubs, youth athletics, church groups, etc.) would be eligible to receive additional compensation. Community service has to occur in an organization within the City of Shakopee, or has to be sponsored by the City of Shakopee to qualify. Community service activities are an excellent means of personal growth and development, and should result in the employee having substantial input into the community. Community service activities need to occur on an annual basis. Community service activities must be pre-approved by the Chief of Police and employee must show evidence of participation in the group/activity. Eligibility upon hire. 16 B.3 Fitness ($150/month or$1,800/year) 1. Cardio ($30/month) - tested by a 1.5-mile run 2. Core Strength ($15/month) - #of sit-ups completed in 1 minute 3. Upper-Body Strength ($15/month) - #of push-ups completed in 1 minute The tests will be administered according to the Cooper Fitness Standards for Law Enforcement. Employees must score at or above the 501h percentile for their age and gender in order to receive the above incentive pay. The city will also pay an employee, who receives an Excellent rating on the fitness test (i.e., has scores in the 80th percentile of the Cooper Fitness Standards for Law Enforcement) the following incentive pay, in addition to the pay at the 50th percentile. 1. Cardio ($40/month) - tested by a 1.5-mile run 2. Core Strength ($20/month) - #of sit-ups completed in 1 minute 3. Upper-Body Strength ($20/month) - #of push-ups completed in 1 minute In addition, the city will pay an additional $10 per month for an employee who achieves Excellent scores in all three of the above categories. The assessment will be offered twice a year at roughly six month intervals. Employees successfully completing the first assessment offered for the year shall receive fitness pay for the following twelve months and do not need to re-test during that time. Employees that do not successfully complete the assessment the first time it is offered may request to retest roughly six months after the initial test. Employees successfully completing the assessment the second time it is offered will receive fitness pay for the following six- months and must re-test again after that time. Employees that successfully complete one or two components during the first testing session and wish to try or re-try the remaining component(s) at the six-month point will be given the opportunity to do so. Eligibility after 1 year of service. B. 4 Foreign Language Skills ($60/month /$720/year) Employees shall take a speaking exam through Language Testing International, or a mutually approved equivalent testing service. This is a 30 minute over-the-phone test, the cost of which will be paid by the City. 17 To qualify for incentive pay, employees must score at the Advanced Level on the current ACTFL Proficiency scale. Employees must successfully re-test once every two-years in order to maintain eligibility for the incentive pay. Eligible foreign languages are those having a recognized presence in the community, as noted by the Shakopee Public Schools records of languages spoken in student's homes. American Sign Language shall be an eligible language for the purposes of this component. Sign language proficiency shall be measured by the American Sign Language Proficiency Interview offered through Galluadet University, or a mutually approved equivalent testing service. Employees must score at or above Proficiency Level 3, and successfully re-test once every two-years. Eligibility immediately upon hire. 18 APPENDIX C POST EMPLOYMENT HEALTH CARE SAVINGS PLAN (HCSP) CONTRIBUTION SCHEDULE FOR LELS MEMBERS Years of Service with the Hire Beginning 2nd Beginning 161h Beginning 31s' City of Shakopee — 1 yr. through 15 yrs. through 30 yrs. yrs. % of payroll contribution 0% 2% 2% 2% City Contribution $35/month $35/month $35/month $35/month Severance contribution of unused sick leave (45% None 50%* 100%* 100%** of max of 960 hours) Contribution of Accrued None None 50% 100% Vacation Accelerated Sick Leave NA NA 100% of Step-up 100% of Step-up Payout*** Formula Formula *Upon eligibility after year 5 ** For employees who are ineligible for Accelerated Sick Leave Payout *** Upon eligibility after year 15 Accelerated Sick Leave Severance Payout The City of Shakopee appreciates employees, who through long-term service and dedication, contribute to making the city a successful and positive service provider. In recognition, thereof, the City acknowledges such long-term service by providing an accelerated sick leave payout formula listed below if the employee meets all the following conditions: • Full-time or part-time benefit-eligible employee with the City of Shakopee for 15 continuous years or more. • Employee must reach the age (usually age 55, as governed by Minnesota Statutes, 2004, 353.29 and related chapters) and service requirements to be qualified for retirement under PERA. • Employee is separating employment in good standing. • The percentage of the severance pay-out shall be based on a maximum of 960 hours of accumulated sick leave calculated on the basis of the employee's current annual base pay. • The accelerated severance payment will be deposited in the employee's HCSP account not later than the first regularly scheduled payday following the employee's final day of employment. • Anniversary date of full-time employment or part-time benefit-eligible date is used to compute years of service with Shakopee. Completion of Continuous Service With the City of Shakopee Step-up Payout formula 15 years 55% 16 years 57% 17 years 59% 18 years 61% 19 years 63% 20 years 65% 21 years 67% 22 years 69% 23 years 71% 24 years 73% 25 years 75% 19 RESOLUTION NO. 7868 A RESOLUTION RATIFYING THE LELS PATROL UNION CONTRACT FOR 2017-2019 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the City of Shakopee has ratified the Law Enforcement Labor Services Patrol Union Contract. BE IT FURTHER RESOLVED, that the parties have negotiated and agreed upon the terms and conditions of employment for bargaining unit employees from January 1, 2017 through December 31, 2019. Adopted in adjourned regular session of the City of Shakopee, Minnesota, held this 18th day of April, 2017. Mayor of the City of Shakopee ATTEST: City Clerk E.I. ST-TAKOPF.F. Shakopee City Council April 18, 2017 FROM: Jamie Polley TO: Mayor and Council Members Subject: Award of Contract for Lions Park Warming House/Shelter Construction, Project No. PR2016-2, Resolution No. 7859 Policy/Action Requested: Adopt Resolution No. 7859, A Resolution of the City of Shakopee MN Accepting Bids for the Construction of Lions Park Warming House/Shelter, Project No. PR2016-2, award a contract to K.A. Witt Construction for the amount of$460,200 including the base bid and alternates 1-3 and set aside a 10% contingency. Recommendation: To authorize a contract with K.A. Witt Construction for the construction of the Lions Park Warming House/Shelter. K.A. Witt successfully completed Southbridge Community Park for the city in 2014. Discussion: The City Council approved the final plans and specifications and authorized the rebidding of the Lions Park warming house/shelter on February 21, 2017. The shelter was redesigned to closely resemble the newer park shelters that have been constructed throughout the city. The Lions Park warming house/shelter includes a garage for the ice resurfacer machine. It was the desire of the City Council to have an open air covered area on the shelter similar to the existing park shelters. This areas was bid as an alternate. The addition of the open air portion would be an added amenity to the shelter, providing a larger gathering space for events. The bid packages also included an alternate to add a metal rood versus an asphalt shingle roof. The metal roof is preferred by our Public Works Department and the cost associated to change to the medal roof with the low bidder is minimal. Bids were received on April 11, 2017 at 2:OOPM. Eight bids were received from reputable companies. The apparent low bidder is K.A. Witt Construction. Staff has worked with K.A. Witt on other projects and has had a good experience. Budget Impact• The Park Asset Fund is a working fund that is utilized for improvements to existing parks. The fund is modified as projects are identified and prioritized. The 2017 Park Asset Fund allocates $500,000 for the design, removal and construction of the Lions Park warming house/shelter. Design, geotechnical services, bidding and construction administration costs are $63,750 (includes $12,000 for the redesign). The engineers estimate for the project was $482,524.00. The low bid of$425,100.00 plus $63,750 for design services totals $488,850.00. The bid alternates of$35,100 would greatly enhance the shelter providing a covered open area similar to the newer park shelters around the City. This enhancement would make the shelter a desirable place to rent increasing the park shelter rental revenue received. The total cost with the bid alternates is $523,950.00. Staff is also recommending a 10% contingence of$42,510. The additional $66,460 would be utilized from the Park Asset Fund. ATTACHMENTS: D Resolution No. 7859 RESOLUTION NO. 7859 A RESOLUTION OF THE CITY OF SHAKOPEE, MN ACCEPTING BIDS FOR CONSTRUCTION OF LIONS PARK WARMING HOUSE/SHELTER, PROJECT NO. PR2016-2 WHEREAS, pursuant to an advertisement for bids for Construction of Lions Park Warming House/Shelter, Project No. PR2016-2, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: K.A Witt Construction $425,100.00 Project One Construction $431,982.00 Grindstone Construction $440,290.00 Derau Construction $457,200.00 JB Vang Construction $468,900.00 Dering Pierson Group $472,000.00 Westin Construction $507,379.00 Terranova $584,000.00 WHEREAS, the following alternates were also bid: KA Witt Project One Alternate#1 Metal Roof $800.00 $12,135 Alternate#2 Covered Porch Roof w/Asphalt Shingles $34,000 $23,980 Alternate#3 Metal Roof on Alternate#2 $300.00 $2,970 AND WHEREAS, it appears that KA Witt Construction, 1530 280th Street West, New Prague, MN 56071 is the lowest responsible bidder with a bid of$425,100.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. The appropriate City officials are hereby authorized and directed to enter into a contract with KA Witt Construction in the name of the City of Shakopee for the Construction of Lions Park Warming House/Shelter, Project No. PR2016-2 according to the plans and specifications ordered by the City Council. 2. The consultant, 292 Design Group, is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held this 18th day of April, 2017. Mayor of the City of Shakopee ATTEST: City Clerk E.2. H+ T OPEE Shakopee City Council April 18, 2017 FROM: Jamie Polley TO: Mayor and Council Members Subject: Award of Contract for Tahpah Baseball Field Construction, Project No. PR2017-2, Resolution No. 7858. Policy/Action Requested: Adopt Resolution No. 7858, A Resolution of the City of Shakopee, MN Accepting Bids for Construction of Tahpah Park West Baseball Field, Project No. PR2017-2, award a contract to Rachel Contracting for the amount of$464,626.70 and set aside a 5% contingency. Recommendation: Awarding the contract to Rachel Contracting is recommended by WSB. Discussion: On February 21, 2017 the City Council approved the final plans and specifications and authorized the bidding for the construction of a baseball field at Tahpah Park west. The baseball field will be built in partnership between the City of Shakopee, the Shakopee School District and the Shakopee Youth Baseball Association. The work associated with the construction of the baseball field will also prepare the entire area for a future 12-13 year baseball field. Sealed bids were received on Tuesday, March 28, 2017 at 1:00PM. There were a total of 9 bids received. The bids included two alternates; #1 to seed the ball field and #2 to sod the ball field. The Parks Department will seed the ball field in-house and therefore the acceptance of the alternates is not recommended. Construction is scheduled to begin May 1, 2017 with substantial completion scheduled for June 16, 2017. Budget Impact• The 2017 Park Reserve Fund allocates $275,000 for the design and construction of a baseball field at Tahpah Park. The Shakopee School District No. 720 approved a contribution of up to $150,000 for the ball field at their April 10, 2017 School Board meeting. Also the Shakopee Youth Baseball Association has approved the contribution of$75,000 to the construction of the baseball field. The Association will contribute $25,000 in 2017 and $10,000 for the next five years. The total amount available for the project is $500,000. The bid amount recommended for approval is $464,626.70 and design, bidding and construction administration costs are $44,800 for a total project cost of$509,426.70. In addition a 5% contingency is recommended to allocate to the project of$23,213.00. The difference of$32,639.70 will be utilized from the Park Reserve Fund if needed. The current balance in the Park Reserve Fund is $848,606.64. ATTACHMENTS: a Resolution No. 7858 RESOLUTION NO. 7858 A RESOLUTION OF THE CITY OF SHAKOPEE, MN ACCEPTING BIDS FOR CONSTRUCTION OF TAHPAH PARK WEST BASEBALL FIELD, PROJECT NO. PR2017-2 WHEREAS, pursuant to an advertisement for bids for Construction of Tahpah Park West Baseball Field, Project No. PR2017-2, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Rachel Contracting $464,626.70 Veit Construction $494,289.90 Sunram Construction, Inc. $496,766.00 GL Contracting, Inc. $501,673.70 Friedges Landscaping, Inc. $512,205.10 Northwest Asphalt, Inc. $554,202.50 Park Construction Company $552,870.00 Peterson Companies $592,047.14 Max Steininger, Inc $626,972.75 AND WHEREAS, it appears that Rachel Contracting, 4125 Napier Court NE, St Michael, MN 55376 is the lowest responsible bidder with a bid of$464,626.70. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. The appropriate City officials are hereby authorized and directed to enter into a contract with Rachel Contracting in the name of the City of Shakopee for the Construction of Tahpah Park West Baseball Field, Project No. PR2017-2 according to the plans and specifications ordered by the City Council. 2. The consultant, WSB, is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held this 18th day of April, 2017. Mayor of the City of Shakopee ATTEST: City Clerk E.3. H+ T OPEE Shakopee City Council April 18, 2017 FROM: Jamie Polley TO: Parks and Recreation Advisory Board Subject• Community Room Use Guidelines Policy/Action Requested: Approve the Community Room use guidelines. Recommendation: The PRAB has moved to recommend the approval of guidelines for use of the Community Center's Community Room by the public. Discussion• The new Community Center Community Room is 2,653 sq ft with an additional 195 sq ft catering kitchen. The majority of time the Community Room will be utilized by the seniors or teenagers as it serves as an extended activity space for these groups during the day. The space however was designed to also be a rental facility for community gathering and weddings. The capacity of the Community Room is 191 people and includes a dance floor, dual 65" TV's, a projector and sound system. The added amenities require different use requirements then a general room rental. Staff has developed guidelines for the Community Room that cover: • Rates and Options • Reservations/Payments • Event set up and take down • Food and Alcohol • Equipment • Other Items of Interest The PRAB reviewed and discussed the proposed guidelines on April 10th and recommended the following changes: • Elimination of date restrictions for rentals. If the room is available it can be rented. Budget Impact• Setting use guidelines for the Community Room will allow the space to be rented by the Community for a variety of events. The rental of the room will provide revenue to the Community Center's general fund budget. ATTACEMENTS: a Draft Community Room Rental Information a Draft Community Room Rental Form SHAKOPEE COMMUNITY ROOM 12-55 FLti� S-tru -So-t [ 952--2-33=9500 www sL:a-!<.o-✓iee.MN.gov FACILITY RENTAL INFORMATION Located within the Shakopee Community Center, conveniently accessible and central to area attractions, events, downtown Shakopee, hotels and transportation routes. The perfect location for meetings, events and receptions. A� Includes a large hall with dance floor, fireplace and a wall of natural light. A catering kitchen, AN system with projection, dual 65 inch TV's, color changing led wall wash system and warm decorative touches all lend to a first class space. S Square footage Dimensions Capacity W tables Wtables '/2 circle tables Chairs Main Room:2653 85' L x 31'W 191 15(round) 8(rect) 2 130 armless Catering Kitchen: 195 17L x 115W 50 w/arms Ra,( o-� Op,-Lo y Day Rate (hr) Includes Terms Sunday-Friday $75 Tables, chairs, kitchen, TV's $100 damage deposit or Saturday $100 $500 damage deposit (if serving alcohol) 2 hour minimum Option Description Rate Coffee Pot Service All inclusive: coffee maker, coffee, 2 air pots, sugar, cream,filters, cups $30 Video System Projector and screen $25 Audio System Microphone andspeakers $25 Add'I or Holiday Staff Per Hour $30 Special Use Permit Subject to event details sales, bounce house, alcohol related, etc. $50/$100/$150 • The renter shall organize all activities to fit into the start and end rental time, including setup and takedown/clean up. • Reservations should be submitted at least two weeks in advance of rental date. . • After hour events must conclude by 10 pm on Sunday-Thursday or 12 am on Friday and Saturday. Takedown/Cleanup end times may go until 10:30 pm or 12:30 am, respectively, to allow for adequate clean up. Must be included in overall rental time. Pa-y m w(--, Reft�av,& • Full payment due upon reservation, including $100 or $500 refundable damage deposit . • No shows receive no refunds. • Damage deposit is returned by crediting to credit card or by check in 2-3 weeks if facility is suitable. Any damage will be deducted from the deposit prior to possible refund. Damages in excess of the deposit are the responsibility of the renter and will be billed. • 30 days notice required to be reimbursed for cancellation, minus $5 service fee. • The SCC reserves the right to cancel this agreement due to unforeseen circumstances, with no liability. If enacted, a refund will be issued. Ev-ewl--Sed--UF- • Rental areas will not be available before the time specified on the agreement. • Renter is responsible for their own setup and takedown. • Decorations are permitted within guidelines or with permission only. Failure to follow will result in loss of deposit. Encouraged: Free standing items, center pieces, balloons, signage on easels Prohibited: Candles, confetti, glitter, tape, glue, nails, tacks, staples, sand, silly string, rice, flower petals, adhered items or hooks on walls, ceilings or fixtures. Fob Sere-i CC • Food and beverage may be brought in by the renter or a licensed caterer. • Buffet, group food service and beverage service stations must remain on hard floor area. • Full service liquor is only available through a licensed liquor caterer. • If using a liquor caterer: No fewer than 7 days prior to the event, the liquor licensee must provide the facility coordinator a certificate of insurance listing `off premises' liquor liability coverage and name the City of Shakopee as an additional named insured. Failure to do so will result in denial of the sale and/or service of alcohol. • Beer and wine is permitted (no sales). • The person, organization or group hosting the event must provide the alcohol and is responsible for adhering to the regulations. • No alcohol may be served after 9:30 pm on Sunday-Thursday or 11:30 pm on Friday and Saturday. • Service and consumption is only allowed in the community room. • No service to a minor or persons obviously intoxicated. • Free beer and wine requires no compensation to be exchanged (donations, tips, advanced ticket sales, etc.) • Service to only persons attending the event for which the room was rented. Ev-e -Fa4<,& Poww a*,& CLe c vv U p- • Must conclude within the time specified on the rental agreement. • The renter is responsible for returning the area to the condition in which it was found. • Room clean up fee and/or damage deposit loss may be assessed if left in poor condition. • Basic cleaning supplies will be provided. • Tables, chairs, counters, sinks and floors must be cleared of debris sufficiently. • Wipe down, vacuum, sweep and mop as needed. • All garbage/recycling put into appropriate receptacles. Garbage bags provided. • All decorations and renter supplied equipment must be removed. • The City is not responsible for items left behind, lost or stolen. • Time overages will be charged and fees taken from the damage deposit. Excess is billed. • Renter is to provide all cords and accessories (ex. Cords, power strips, hdmi ,etc) • Renter is to provide their own laptop or device for A/V system. • 2- 65 inch wall mounted TV's are available for cable TV viewing. • Presentations can be displayed on both the TV's and projection if needed. • Renters are to provide table coverings, dishwares, utensils, rags, towels. A paper towel station for hand drying is in place. • The commercial dishwasher in the catering kitchen is only available to licensed caterers. AA&Li -i,� Ro-c- a*�,&AoVo,:.4� Sp-a� • Other rooms or gyms may be available for rental along with community room rental. • The Senior Lounge, connected to the community room via barn door, is not available as part of any rental package. • The Teen Center, connected via barn door, may be available for rent on a request basis. (this room requires a teen center supervisor on staff to be present). Inquire about the amenities in the teen center separately. • The renter understands that the connected teen facility may be open during community room rentals. Social activity, sounds and people traffic in the vicinity can be expected. • Hallways and restrooms are non-exclusive to any rental and are open to the public. ofw� • Smoking is prohibited in the building and on the grounds. • The Shakopee Community Center operates under a zero-tolerance behavior policy. • The renter is responsible for the conduct of members of its group. Disorderly conduct will result in exclusion from the facility. • Children must be supervised. • Number of guests may not exceed the posted room occupancy/capacity. 191 for the community room. Xxx for the teen center, which may be rented to increase capacity. • Events that charge fees, sell items or incorporate certain activities will be required to obtain a special use permit and/or to provide insurance. Fees may apply. Draft Shakopee Community Center OFFICE USE ONLY Date/Time Rec'd Facility Use Request Staff Initials Shakopee Parks and Recreation Date Processed SHAKOPEE1255 Fuller Street,Shakopee,MN 55379 Staff Initials Phone#(952)233-9500 Fax#(952)233-3831 Permit or Booking# www.ShakopeeMN.gov parksgShakopeeMN.gov Contact Information Name: Birthdate: E-mail Organization: Tax Exempt Yes(submit ST3) No Tax ID #: Address: City: State: Zip: Home Phone : Cell Phone: Work Phone: Reservation Informatioo Event Date: Day of Week: Start Time: End Time: Event Description: #Attending: Facility Requested Rate Options - Rate ❑ Community Room(Sun-Fri) $75/2 hr.min ❑Coffee Pot Service(Community,Meeting,Conference rooms only) $30 ❑ Community Room(Sat) $100/2 hr.min ❑Microphone/Speakers(Community room only) $25 ❑ Gymnasium(East) $50 ❑Proj ector/Screen(Community room only) $25 ❑ DS Party/Meeting Room $30 ❑Staff time(events on Holidays,large special events) $30/hr ❑ DS Multi-Purpose Room $40 Damage Deposit ❑ Conference Room $20 ❑Refundable: Community Room w/Alcohol $500 ❑ Teen Center $65/2 hr.min ❑Refundable: Community Room Only $100 Special Notes/Event Details: Will a fee be charged to participants/vendors? ❑Yes ❑ No (If yes,special use permit required) Agreement-Signature Required Signing this form indicates that you have read,understand and agree to comply with the Shakopee Parks&Recreation Usage Policy that applies to this facility rental. As lawful consideration for being permitted to use the Parks and Recreation facility listed above,I agree that the City of Shakopee shall be held harmless and exempt from any liability,including injury or disability,which I or the participants of the rental listed above might incur as the result of use of the facility listed above. Signature: Date: Payment Information Rate$ x#Hours = $ +Options$ =Rental Fee$ +Sales Tax 7.375% =Sub-Total$ +Refundable Deposit Fee(Community Room Only)$ =Total Fee$ Cash$ Check$ # C C Visa MasterCard Approval Credit Card# - - - ——— Expiration Date / 3 Digit Security Code Facifit 1. Renter is responsible for their own setup and takedown. 2. The SCC is not responsible for items lost,stolen or left behind. 3. Reservations should be submitted at least 2 weeks in advance of rental date. 4. All rentals are to include setup,event and takedown time in the total rental time period. 5. Smoking is prohibited in the building and on grounds. 6. Renters should bring their own equipment or rent available items from the Community Center. 7. The Shakopee Community Center(SCC)operates under a zero-tolerance behavior policy. 8. Decorations are permitted within guidelines or with permission only. Failure to follow will result in loss of deposit or incurred expense. Encouraged: Free standing items,center pieces,balloons,signage on easels. Prohibited: Candles,confetti,glitter,tape,glue,nails,tacks,staples,sand,silly string,rice,flower petals,adhered items or hooks on walls,ceilings or fixtures. 9. The renter is responsible for the condition of the area used and for the supervision of the participants. 10. The renter is responsible for returning the area to the condition in which it was found.This includes cleaning,wiping down tables,vacuuming,etc.as needed. (Supplies needed can be obtained from the front desk). Room clean up fee and/or damage deposit loss may be assessed if left in poor condition. 11. Renters may not store equipment at the Community Center unless prearranged with the Facility Staff. See#2. 12. Failure to comply with regulations will be cause for revocation of use,loss of future rental ability,invoiced expenses for amounts exceeding damage deposit and damage deposit forfeiture. 13. The renter is responsible for the conduct of members of its group.Disorderly conduct will result in exclusion from the facility.Children must be supervised. 14. Food and beverage may be brought in by the renter or a licensed caterer. 15. Number of guests may not exceed the posted room occupancy. 16. Staff time of$30/hr will be added for events on Holidays. 17. The Senior Lounge area,connected to the Community Room via bam doors,is not available as part of any rental package. 1. Full payment is due upon reservation. 2. No-shows:Full rental fees apply,no refunds. 3. 2 weeks notice is required by the renter to be reimbursed for cancellation,minus a$5 service fee. 4. Refundable damage deposits required with Community Room rentals are processed within 7 days if credit,21 if cash/check(by check issuance). 5. The SCC reserves the right to cancel this agreement due to unforeseen circumstances,with no liability.If enacted,a refund will be issued. Facility Desci-iptioiis Community Room: The perfect location for meetings,events and receptions. A large,open room with a dance floor,fireplace and wall of natural light. A catering kitchen, A/V system with projection,dual 85-in TV's,calor changing LED wall wash system and warm touches all lend to a first-class space. Seating for about ISO with available chairs,15 round tables and 5 rectangle tables.Max Occupancy:191 Gymnasiums: Two single gym flours separated by a retractable curtain. The east gym is generally available for rental while the west gym remains open to the public for open gym. Seating and bleachers are not available.Primarily an active use space. DS Party/Meeting Room: A great space for a birthday party,shower,small gathering or meeting.There is adequate counter space w electric,sink,a small fridge/freezer and tables/chairs to seat about 50. DS Multi-Purpose Room: An active space for a team building exercise,athletic use,event or gathering. Connected to the West gymnasium,it provides a space that is great for school,private or organizational events. Tables and chairs are not available for use in this room. Conference Room: The ideal comfortable space for a small meeting with natural light,anchored by a conference table seating IO. Community Room Specific Event Planning and Regulations - _ I----- - _ __- Name: Event Date: Will this event fall within normal building hours? ❑Yes ❑ No -After hour events must conclude by 10 pm on Sunday-Thursday or 12 am on Fridays and Saturday. Event end times may go until 12:30 am to allow for adequate clean up,which must be included in the rental time. -The renter shall organize all activities to fit into the start and end rental time,including setup and takedown/clean up. -Rental areas will not be available to the renter before or after the time specified on the rental agreement. -Any time`overage'will be charged and fees taken from the damage deposit.Excess will be billed. Will food be served? ❑Yes ❑ No If catered,specify licensed caterer: Phone: -Buffet,group food service and beverage service stations must remain on the hard floor area. Will free beer and/or wine be served? ❑Yes ❑ No If yes,the following applies: -No alcohol may be served after 9:30 pm on Sunday-Thursday or 11:30 pm on Fridays and Saturday. -Service and consumption is only allowed in the Community Room. -No service to a minor or persons obviously intoxicated. -The person,organization or group hosting the event must provide the alcohol and is responsible for adhering to the regulations. -No compensation may be exchanged(donations,tips,advanced ticket sales,etc.) -Service to only persons attending the event for which the room was rented. If liquor sales will occur,specify licensed liquor caterer: Phone: -No fewer than 7 days prior to the event,the liquor licensee must provide the facility coordinator a certificate of insurance listing"off premises" liquor liability coverage and name the City of Shakopee as an additional named insured.Failure to do so will result in denial of the sale of alcohol. Will this event also be renting the connected teen center facility? ❑Yes ❑ No -Access times may be limited and need approval of coordinator. -This room requires a teen center supervisor on staff to be present. -If not renting the teen center,the renter understands that the connected teen facility maybe open during the community room rental. Social activity, sounds associated with gaming/movies/tv's and people traffic in the nearby hallway can be expected. -Hallways and restrooms are non-exclusive to any rental and are open to the public. EA. H+ T OPEE Shakopee City Council April 18, 2017 FROM: Jamie Polley TO: Mayor and Council Members Subject: Archery Range Donation, Res. No. 7866 Policy/Action Requested: Offer Resolution No. 7866, A Resolution of the City of Shakopee, MN Accepting Equipment for the Shakopee Archery Range. Recommendation: Recommend accepting the donation for the Archery Range allowing the range to be enhanced. Discussion: The City of Chanhassen has decided to close their archery range at Lake Susan Park due to safety concerns that have arisen with the location of their range. They had recently updated the range with four brand new target holders and targets as well as signage and bow and arrow holders. Chanhassen would like to see their equipment continue to be used and feel many of their archers will now utilize the Shakopee Archery Range. Staff contacted the Minnesota Valley Deer Hunters Association that works in partnership with the city and provides the targets to see if they would be willing to utilize the donated targets. The association and staff both feel the donation of the targets would be an added benefit to the city's range. Budget Impact• The value of the items donated to the Archery Range is approximately $5,000. City funds will not be utilized for these items as they would have been if they were added without a donation. ATTACHMENTS: 0 Resolution No. 7866 a Picture of Donated Equipment RESOLUTION NO. 7866 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA ACCEPTING EQUIPMENT FOR THE SHAKOPEE ARCHERY RANGE. WHEREAS, on November 6, 2002, the City Council adopted Resolution No. 5794, which established procedure relating to the receipt of gifts and donations by the City; and WHEREAS, Resolution No. 5794 specifies that donations or gifts shall be accepted by resolution of the City Council, and shall require a two-thirds majority of the Council for acceptance; and WHEREAS, the City of Chanhassen has closed their archery range; and WHEREAS, the City of Chanhassen would like to donate their newer archery range targets, target stands, bow and arrow holders and signs to the Shakopee Archery Range; and WHEREAS, the addition of targets will provide more opportunities for archers to practice their skills; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the donation is gratefully accepted; and FURTHER, the City staff is directed to send a letter to the donor, acknowledging receipt of the gift and expressing the appreciation of the City Council. Adopted in regular session of the City Council of the City of Shakopee, Minnesota held this 18th day of April, 2017. William Mars Mayor of the City of Shakopee ATTEST: City Clerk : � x •�?. rte.,-3�°„�`"--''`� .n v. ^y} .. „--'.fes'_`; a - 3' E.S. SHAKOPEE Shakopee City Council April 18, 2017 FROM: Jamie Polley TO: Mayor and Council Members Subject: Aquatic Park Diving Well Painting Policy/Action Requested: Authorize the appropriate staff to enter into a contact with Horizon Commercial Pool Supply to prepare and paint the diving well at SandVenture Aquatic Park. Recommendation: Staff has reviewed the quotes submitted to complete the needed painting work and recommends Horizon Commercial Pool Supply. Discussion: The concrete diving well of the aquatic park was last painted in 2008 when the new waterslide was installed. The paint is chipping and cracking and is in need of sandblasting and repainting. Budget Impact• The painting of the diving well is a planned project in the 2017 Park Asset plan. The amount allocated for the work was $30,000. The quote from Horizon Commercial Pool Supply to complete the work is $24,750. ATTACHMENTS: D Horizon Commercial Pool Quote RZIP��Qo 2125 ENERGY PARK DRIVE,ST.PAUL,MN 55108 WWW.HORIZONPOOLSUPPLY.COM 1-800-969 0454 I. �' LOCAL 651-917-3075 H I Z N LOCAL FAX 651-917-3087 C❑at Ni L R C 1 A L POOL SUPPLY Cover Sheet To: Sara Foley From: Jason Gillet Pages: 4 (including cover) Sara, Here is the quote you requested for re-painting your pool. Please don't hesitate to call with any questions or concerns. Respectfully, Jason Gillet Additional Services Offered: As an established commercial pool contractor & supplier we are here to provide additional services as needed including but not limited to: • CPO training for your staff • Renovation services • Training on local and state health codes • Online resources and purchasing • Repair and maintenance of filter room equipment • Free ongoing consultation • Repair and maintenance of pool vessel and plumbing • Water Quality Management Programs Page 1 of 4 STIP, 2125 ENERGY PARK DRIVE,ST.PAUL,MN 55108 tb WWW.HORIZONPOOLSUPPLY.COM g_l 0 1-800-969-0454 LOCAL 651-917-3075 a04 FAX 651-917-3087 H O R I Z N COMAIL:RCIAL Customer Proposal I Quotation POOL Quoted to: SUPPLY City of Shakopee Contact 1: Sara Foley Date: 4/3/2017 1255 Fuller Street South Contact 2: Good Through: 5/30/17 Shakopee, MN 55379 Phone: (952) 368-6070 Fax: Quote M 20170403 SHA10 Description: SHA10 Quoted b : Jason Gillet Paint Indoor Swimming Pool as follows: Pool: 115'x 40'free form, —7,500 sq ft of paintable surface area. Sandblast pool surface to remove existing paint and/or loose and soft plaster. Clean and prep surface per manufacturers instructions. Apply two coats of Tnemec epoxy pool paint with light silica sand in step and walking areas. Apply center line and step border stripes in contrasting color. Repair limited caulking along stainless gutter. Allow to dry cure for a minimum of 5-7 days. NOTES: •Please read attached proposal notes. •Horizon provides a 1-year limited guarantee on painting labor and paint. •Depth tiles/markings,drain covers,and other fittings are excluded unless otherwise specified. •Any caulking and concrete repairs that were not visible that require repair and replacement will be done additionally as time+materials. Pricing: Quantity Item Number Description Unit Price Total Price 1 Paint Outdoor Pool as specified. $24,750.00 $24,750.00 ACCEPTANCE OF PROPOSAL — I am authorized to sign on behalf of Total: $24,750.00 the owner and I have read the attached Terms& Conditions and Proposal Notes and the above prices, specifications and conditions are satisfactory •Products and equipment used to complete job are and are hereby accepted. You are authorized to do the work as specified. subject to applicable state&city sales taxes. Payment(s)will be made as specified. •Quotes exceeding$2,000 will require a payment of 50%upon quote acceptance and the remainder is Quote Accepted By: due Net 10 Days. •Please read all attached Terms&Conditions, Date: Proposal Notes,and product information.This quote, once signed, is a contract between Horizon Commercial Authorized Signature: Pool Supply&the property owner. Page 2 of 4 TERMS AND CONDITIONS MECHANIC'S LIEN NOTICES(Minnesota&Wisconsin) MINNESOTA: Pursuant to MINN. STAT. § 514.011 (a) Any person or company supplying labor or materials for this improvement to your property may file a lien against your property if that person or company is not paid for the contributions. (b) Under Minnesota law, you have the right to pay persons who supplied labor or materials for this improvement directly and deduct this amount from our contract price,or withhold the amounts due them from us until 120 days after completion of the improvement unless we give you a lien waiver signed by persons who supplied any labor or material for the improvement and who gave you timely notice. WISCONSIN: As required by the Wisconsin construction lien law,claimant hereby notifies owner that persons or companies performing, furnishing, or procuring labor, services, materials, plans, or specifications for the construction on owner's land may have lien rights on owner's land and buildings if not paid. Those entitled to lien rights, in addition to the undersigned claimant, are those who contract directly with the owner or those who give the owner notice within 60 days after they first perform, furnish, or procure labor, services, materials, plans or specifications for the construction. Accordingly, owner probably will receive notices from those who perform, furnish, or procure labor, services, materials,plans, or specifications for the construction, and should give a copy of each notice received to the mortgage lender, if any. Claimant agrees to cooperate with the owner and the owner's lender,if any,to see that all potential lien claimants are duly paid. PAYMENT: On contracts exceeding two-thousand dollars ($2,000.00), unless otherwise agreed, in writing on the first page of this Contract, payment shall be made in two equal installments. The first installment shall be due as a deposit and paid at the time this contract is signed by the Customer. The second installment is due and payable upon completion of the Project. If,for any reason,any amount less than 50% of the Contract is paid in the first installment, the entire remaining balance shall be paid in the second installment even though such payment renders the installment unequal. All payments on account must be made within 10 days from the invoice date, unless otherwise agreed to by Horizon Commercial Pool Supply and Customer in writing. Customer agrees that receipt of any invoice setting forth the amount owed to Horizon Commercial Pool Supply represents an account stated unless,within ten days (10) days of receipt of the invoice, Customer objects to the invoice in writing and said written objection is delivered to Horizon Commercial Pool Supply. INTEREST AND ATTORNEYS' FEES: Horizon Commercial Pool Supply will charge, and Customer agrees to pay, a service charge of 1.5%per month(18.0%per annum) or the maximum rate allowed by law. The service charge will be assessed on the past due portion of the account.Customer agrees to pay on demand all costs and expenses including reasonable attorneys' fees incurred by Horizon Commercial Pool Supply in connection with this Contract,and any other document or agreement related thereto,including all costs,expenses and attorneys'fees incurred by Horizon Commercial Pool Supply in enforcing these Terms and Conditions. SCHEDULING AND ESTIMATES:All time estimates,schedules,start dates,completion dates,etc.,are subject to change at Horizon Commercial Pool Supply's sole discretion and Horizon shall not be liable for any changes thereof. Customer acknowledges that time estimates, schedules, start and completion dates can and will change due to weather,unforeseen changes to jobs,workforce variations, material availability, unforeseen delays due to other contractor's work, equipment breaking down and holidays, etc. Any quotes,estimates or representations as to pricing are subject to change at Horizon Commercial Pool Supply's sole discretion as well. LIMITED WARRANTY ON WORKMANSHIP: Horizon Commercial Pool Supply provides a limited one year warranty on its workmanship. This Limited Warranty on Workmanship ("Warranty") covers labor provided by Horizon staff only. Any product or equipment warranties are limited to and provided by their respective manufacturer or supplier.This Warranty does not cover problems arising from normal wear and tear, chemical action, stains from pool water or pool water minerals, neglect, abuse, or acts of God. Failure to pay the full Contract price relieves Horizon Commercial Pool Supply of all of its responsibilities under this Warranty and shall render this Warranty void. Warranty claims can be made by contacting Horizon Commercial Pool Supply at (651) 917-3075 within 12 months of completion. Horizon Commercial Pool Supply shall not be responsible or held liable for damages resulting from causes beyond its control caused by fire, flood, accidents, delay in transit, labor difficulty, inability of our normal sources of supply, acts of god,any law,act or regulation of any governmental body. Customer acknowledges and agrees that Horizon Commercial Pool Supply's liability for any reason,including,without limitation,negligence,or strict liability,shall not include special,consequential or incidental damages. Horizon Commercial Pool Supply,a division of Horizon Chemical Co.,Inc. 2125 Energy Park Drive,St.Paul,MN 55108 651.917.3075 phone,651.917.3087 fax www.horizonpoolsupply.com Page 3 of 4 VIP, 2125 ENERGY PARK DRIVE,ST.PAUL,MN 55108 WWW.HORIZONPOOLSUPPLY.COM b f• O 1-800-969-0454 $t LOCAL 651-917-3075 saaapw FAX 651-917-3087 Proposal Notes • GENERAL NOTES: 1. Our region of the country has a relatively high water table. Owner to take full responsibility if in the unlikely event the pool should float up or pop out of the ground.Our quote does not include the cost of lowering the water table around pool if this becomes necessary. 2. Our work may create some dust.Owner to be responsible for any dust clean up if necessary. 3. Owner is responsible for filling the pool with water unless otherwise specified in the proposal. 4. Price does not include the repair of deteriorated cement under the coping,water line tile or under the existing plaster finish.If in the unlikely event there is deterioration,we can determine this during our work.We will not proceed with work involving extra costs without written approval of the owner. 5. Access to the pool area for our employees,supplies,and equipment must be provided by the owner. 6. Lodging for jobs outside of the St.Paul/Minneapolis Metro area is not included unless otherwise specified.Owner can provide suitable lodging for the duration of the project.If suitable lodging cannot be provided,expenses will be added to the final invoice. 7. Unless otherwise specified,modifications to gas,electrical,or venting are not included. 8. Unless otherwise specified,no permits,fees,or engineer drawings are included.If required all fees will be added to the final invoice. COPING&TILE 1. Owner to take necessary measures and full responsibility to prevent staining of new coping and tile due to water borne minerals and chemistry. 2. If waterline tile is not being replaced under this contract,and if any tile should be damaged due to our work,we will repair damaged tile with the closest matching locally available tile.In some cases,the tile may not be a close match. 3. Owner is responsible for any repairs to the deck surrounding the pool whether these repairs are needed as a result of preexisting conditions or as a result of our work. 4. If this quote is for replacing waterline tile,depth markings will be installed according to state code. 5. The coping/deck expansion joint must be sealed with a flexible caulking at all times to prevent water intrusion.Lack of caulking joint maintenance will void all guarantees on coping and water line tile. 6. Grout sealer is not necessary,but can add to the life of the grout.Grout seal is not included in this quote unless otherwise specified. POOL SURFACE PAINTING 1. Owner to take necessary measures and full responsibility to prevent staining or deterioration of new painted surface due to water borne minerals and chemistry. 2. Owner is responsible for draining and filling the pool with water,as well as keeping the pool surface dry during the paint curing period. 3. If the surface is to be sandblasted,owners acknowledge that sandblasting can cause moderate to severe damage to soft plaster or concrete.They further acknowledge that in many cases the damage can only be repaired by resurfacing the pool and is not included in this proposal. 4. Painting creates fumes are considered hazardous to human health.Owners acknowledge this and take full responsibility for any adverse effects the fumes may have on any persons within the vicinity of the painting.Owners further agree to provide sufficient access to venting for the duration of the painting and curing time. 5. Swimming pool paint requires adequate heat in the area of the pool in order for the paint to cure properly.Owners agree to supply adequate heat for the duration of the painting and while the paint is curing. 6. Some surfaces are too rough to paint and may require that the pool be resurfaced instead of painted.This is both due to the paint manufacturer's recommendations and state health codes that state the pool surface must be a smooth,easily cleanable surface.Owners will be notified if this condition is present. 7. IMPORTANT NOTICE:Horizon provides NO warranty or guarantee, expressed or implied, on painting labor or paint. This is due to the wide variability in the surface that the paint can be applied to,weather,and the curing process. Owner acknowledges this and takes full responsibility for the painted surface regardless of its condition. Page 4 of 4 F.I. ST-TAKOPF.F. Shakopee City Council April 18, 2017 FROM: Darin Nelson, Finance Director TO: Mayor and Council Members Subject: City Bill List Policy/Action Requested: Move to approve the bills and electronic funds transfers in the amount $1,760,589.18, payroll transfers in the amount of$496,207.79 for a total of$2,256,796.97. Recommendation: Approval Discussion: Attached is the most recent monthly Financial Report for the General fund. These reports reflect the expenditures as recorded for 2017 activity. The following transactions are notable for this reporting cycle: • Arena Warehouse has requested 75% down payment for the synthetic turf and turf storage rack for the ice arena. $80,340.00 • CPMI has requested Draw #15 for contractors working on the New City Hall Project. $853,293.30 Included in the check list are various refunds, returns, and pass through. Budget Impact• N/A ATTACHMENTS: Bill List Transfer a Council Check Summary 0 Monthly Financial Report Funds transferred electronically April 5, 2017 to April 18 2017 PAYROLL $ 273,315.68 FIT/FICA $ 84,783.55 STATE INCOME TAX $ 17,362.90 PERA $ 81,156.04 HEALTH CARE SAVINGS $ 11,460.04 HEALTH SAVINGS ACCT $ 6,449.95 NATIONWIDE DEF COMP $ 13,797.81 ICMA DEFERRED COMP $ 982.14 MSRS $ 3,956.88 FSA $ 2,798.57 MN WAGE LEVY $ 144.23 Total $ 496,207.79 r O 00 r O N � V p� (4 c a LU o d E o0 Q U) c = U U) N W r O U �_ } U O F C N 0 U o U co 0 U N N N (6 (6 a O a V In M M M (O r- V V O (O N N In (O o0 N N r O1 M O (O I- O o0 O1 V o0 N o� O (O I- r (O N r O 01 In N M N O M M Q (O O V m w m M (O In w N O 01 N m 00 N (3 01 oc r- (3 V V I- M oc L r(O M N s N 00 � Cl) N N m m a 0 a E W w m O Q = Z W LU m p U 0 o Q Z Q W L Z LLU Z 0 p aW ~ z p W LL w U )m Z) Z Z Z p U) H ~ LU O T w > Z m LL W Z) Z W C7 p O E p w W O W LO W Uj W U p p m (n E Z > U H _ Z W' H lo Z) L p w a oN Z Q H F V? 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U 00 00 Vl 01 M 00 \O 00 l- \O C� \O 0 N M M l 00 N — vl IR is O Ol oc 4 N vn `O O M oc r- oc r- O `O Ol Ol C� CC O l— M oc 7t (= N all r- v') (= M Ly 00 M ll r- M -- DD DD O N V') -- O r- r- r- IR W O \O 00 O O 7t 00 `O `O O l— \O all all GO Qy N O M N vl O Ol oc l— \O all — (= N v') W y M N O 7t M O AO vO vO M vO N GO Q O O vl r- v 7t N N v -- l— all N 7t N M 7t -- O � O O� of N N �o of oc 7t r- oc W') of r- o N 7t of �o i o H =O 7t �c - vn N oll v') oc N N N oo kn N d N O `O O -- M O � O � O oo O -- 4 00 M 00 00 l— — N \O -- M \O M \c 7t — 00 7t N 7t M \O N iO M N Ol M \O 7t 7t \O o0 vl 7t rl N \O N -- r- M 7t M \O M — — — — r o0 \O O \O l� vn* M -- l� O l� o0 l O N O Ol N -- O Ol Ol Ol O (= oo Ol O rl �" 7 O M \O v') all M vl M M M \O \O 7t N \c r- AO M -- o0 -- 7t -- O N N -- 00 O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O all 00 00 O 7t N N M O O \O M N oo `O -Tt O O `O `O l- 00 00 00 AO all 00 Vl M M N N V z x w � a N w w00 O 0 Z a C-) a O Q w v� w a z rx o N N M V') r- 00 N M N 7t \O F.2. H KOPPE Shakopee City Council April 18, 2017 FROM: Lori J. Hensen, City Clerk TO: Mayor and Council Members Subject: City Council Minutes from April 4 and April 11, 2017 Policy/Action Requested: Motion to approve the City Council Minutes from April 4 and April 11, 2017. Recommendation: Approve the above motion. Discussion: Budget Impact• ATTACHMENT S: April 4, 2017 April 11, 2017 Shakopee City Council Minutes pwtj April 4,2017 HAKOPEE 7:00 PM City Hall 129 Holmes St. Mayor Bill Mars presiding 1. Roll Call Present:Mayor William Mars,Councilmember Mike Luce,Councilmember Matt Lehman, Councilmember Jay Whiting,Councilmember Kathi Mocol Staff Present: City Administrator Bill Reynolds,Assistant City Administrator Nate Burkett,City Attorney Jim Thomson,Public Works Director Bruce Loney,Human Resources Director Jennifer Gabbard,Senior Planner-Long Range Eric Weiss 2. Pledge of Allegiance 3. Approval of Agenda Councilmember Jay Whiting made a Motion to approve the Agenda,seconded by Councilmember Kathi Mocol and the motion Passed. 5-0 4. Shakopee Pop Up Flower Garden Presentation A. Adopt a Pop Up Flower Garden Community members presented a concept for a Pop Up flower garden program in Shakopee. The presenters were Deb Allenson,Jody Brennan,Corky Mars and Lynn Schemel all of Shakopee,discussed their plans for this new program with the City Council. The City Council directed Staffto create a policy to give direction to the group so that they could proceed with the program. 5. SCALE Life Cycle Housing Presentation Members of the Scott County Association for Leadership&Efficiency(SCALE)shared a presentation with the City Council regarding Life Cycle Housing.The presented were Stacy Crakes,Business Development Director for One Stop Shop,Jo Foust,Business Development Specialist Scott County CDA,and Julie Siegert,Housing Director for Scott County CDA. 6. Consent Business-(All items listed in this section are anticipated to be routine.After a discussion by the Mayor there will be an opportunity for members of the Council to remove any items from the consent agenda for individual discussion.Those items removed will be considered following the Public hearing portion of the agenda.Items remaining on the Consent Agenda will not be discussed and will be approved in one motion.) Item 6.A.1., Street Lighting Policy Revisions,was removed by Cncl.Lehman for further discussion. Item 6.A.2.,Award a contract for the Fire Station#12017 Concrete Pavement project 2017-5,was removed by Cncl.Luce for further discussion. Item 6.13.1.,Authorization to hire Graduate Engineer above mid point of pay scale,was removed by Cncl.Lehman for further discussion. Item 6.C.L.Recreation facilities vending contract,was removed by Cncl.Luce for further discussion. A. Public Works and Engineering A.1. *Street Lighting Policy Revisions Mr.Loney presented the Council with the Street Lighting policy revisions,and responded to questions from the City Councilmembers. Councilmember Jay Whiting made a Motion to approve Resolution 7856 adopting a revised street lighting policy,seconded by Councilmember Matt Lehman and the motion Passed. 5-0 A.2. `Award a Contract for the Fire Station#1 -2017 Concrete Pavement Project 2017-5 Mr.Loney presented information regarding the 2017 Concrete pavement project 2017- 5 to the City Council,and responded to question from the City Councilmembers. Councilmember Matt Lehman made a Motion to approve Resolution 7854,which accepts the bids and awards a contract for the Fire Station#12017 Concrete Pavement Project 2017-5 to S.M.Hentges&Sons,Inc. and approve a 25% contingency amount on this project for use by the City Engineer for quantity adjustments and change orders.,seconded by Councilmember Jay Whiting and the motion Passed. 5-0 A.3. *Award a Contract for the 2017-2 Bituminous Overlay project Motion to approve Resolution 7855 which accepts the bids and awards a contract for the 2017 Bituminous Overlay Project 2017-2 to Wm.Mueller&Sons and approve a 5%contingency amount for use by the City Engineer. Motion carried under the Consent Agenda B. Personnel B.1. *Authorization to Hire Graduate Engineer Above Mid-point of Pay Scale Jennifer Gabbard,HR Director,addressed Council regarding a request for authorization to hire a Graduate Engineer above the mid point pay scale.Ms. Gabbard responded to questions and concerns from the City Councilmembers. Councilmember Jay Whiting made a Motion to approve Resolution 7857 granting the job offer,above the midpoint,for a Graduate Engineer.,seconded by Councilmember Matt Lehman and the motion Passed. 5-0 C. Parks and Recreation C.1. *Recreation Facilities Vending Contract Jamie Polley,Parks and Recreation Director,presented to recreation facilities vending contract,and responded to questions from the City Councilmembers. Councilmember Jay Whiting made a Motion to authorize the appropriate staffto enter into a contact with Royal Vending for vending services within the recreation facilities,seconded by Councilmember Matt Lehman and the motion Passed. 5-0 D. General Administration D.1. *City Bill List Motion to approve the bills and electronic funds transfers in the amount$356,994.27, payroll transfers in the amount of$474,110.31 for a total of$831,104.58. Motion carried under the Consent Agenda. D.2. *City Council Minutes Motion to approve the city council minutes from February 14,February 21,March 7, March 14 and March 21,2017. Motion carried under the Consent Agenda. D.3. *Temporary Liquor License-Parish of Saint Joachim&Anne Motion to approve the temporary liquor license for St.Joachim and Anne Spring Fling Festival being held on May 6,2017 at 270017th Avenue in the gym. Motion carried under the Consent Agenda 7. RECOGNITION OF INVOLVED CITIZENS BY CITY COUNCIL-Provides an opportunity for the public to address the Council on items which are not on the agenda Comments should not be more than five minutes in length.The Mayor may adjust that time limit based upon the number ofpersons seeking to comment.This comment period may not be used to make personal attacks,to air personality grievances,to make political endorsements or for political campaign purposes. Council Members will not enter into a dialogue with citizens,and questions from Council will be for clarification only.This period will not be used to problem solve issues or to react to the comments made,but rather for informational purposes only. There were no citizens who wished to present. 8. Business removed from consent will be discussed at this time Please see items: 6.A.I. 6.A.2. 6.13.1. 6.C.1. 9. Liasion and Administration The City Councilmembers presented their liaison reports. The City Administrator presented his Administrators report. 10. Adjoumment to Tuesday,April 11,2017 at 7 p.m. Councilmember Jay Whiting made a motion to adjourn,Seconded by Councilmember Kathi Mocol and the motion passed. 5-0 Workshop potm Shakopee City Council Minutes April 11,2017 HAKOPE 7:00 PM City Hall 129 Holmes St. Mayor Bill Mars presiding 1. Roll Call Present: Mayor William Mars, Councilmember Mike Luce, Councilmember Matt Lehman, Councilmember Jay Whiting, Councilmember Kathi Mocol Staff Present: City Administrator Bill Reynolds,Assistant City Administrator Nate Burkett, Police Chief Jeff Tate, Captain Craig Robson 2. Pledge of Allegiance 3. Approval of Agenda Councilmember Kathi Mocol made a Motion to approve the Agenda, seconded by Councilmember Jay Whiting and the motion Passed. 5 - 0 4. RECOGNITION OF INVOLVED CITIZENS BY CITY COUNCIL- Provides an opportunity for the public to address the Council on items which are not on the agenda. Comments should not be more than five minutes in length. The Mayor may adjust that time limit based upon the number of persons seeking to comment. This comment period may not be used to make personal attacks, to air personality grievances, to make political endorsements or for political campaign purposes. Council Members will not enter into a dialogue with citizens, and questions from Council will be for clarification only. This period will not be used to problem solve issues or to react to the comments made,but rather for informational purposes only. There were no citizens who wished to present. 5. Workshop Discussion A. Police and Fire A.1. Body Worn Camera Grant Update Police Chief Jeff Tate addressed the City Council and briefly discuss the Body worn camera grant. He then introduced Captain Craig Robson to discuss the policy in more detail. Captain Craig Robson presented the Body worn camera policy to the City Councihnembers. The Councilmembers discussed the policy in detail. Chief Tate and Captain Robson responded to questions and concerns by the Councilmembers. Chief Tate reviewed the 2016 Shakopee Police Department Annual Report. The Councilmembers thanked Chief Tate and his staff for their work. 6. Adjournment to Tuesday,April 18, 2017 at 7 p.m. Councilmember Kathi Mocol made a motion to adjourn to April 18, 2017, Councilmember Jay Whiting seconded the motion and the motion passed. 5-0 F.3. H KOPPE Shakopee City Council April 18, 2017 FROM: Lori J. Hensen, City Clerk TO: Mayor and Council Members Subject: Temporary Liquor License for Minnesota Farm Winery Association Policy/Action Requested: Motion to approve the temporary liquor license for Minnesota Farm Winery Association for a wine tasting being held on April 29 located at 1100 Canterbury Road in the exhibition hall. Recommendation: Approve the above motion. Discussion: The Minnesota Farm Winery Association has made application for a temporary on-sale liquor license for April 29, 2017 at Canterbury Event Center. They are planning a wine tasting event as a fundraiser for their programs. Budget Impact• None F.4. H+ T OPEE Shakopee City Council April 18, 2017 FROM: Lori J. Hensen, City Clerk TO: Mayor and Council Members Subject: O'Brien's Public House request to allow alcohol to be consumed in parking lot on May 5, May 6, and May 7, 2017 Policy/Action Requested: Motion to approve the suspension of city code 114.11 Consumption and possession of alcoholic beverages on street, public property, private parking lots to which the public has access, and other private property, allowing O'Brien's Public House to host a live band. Recommendation: Approve the above motion. Discussion: Staff has received a request from Scott O'Brien, owner of O'Brien's Public House, to fence in their parking lot during May 5 through May 7 for a live band event. The attached map indicates the area to be fenced, two access points and two handicap parking spaces. The area will not be used by patrons until 5 p.m. on Friday, 4 p.m. on Saturday, and noon on Sunday. The band will play from 6 p.m. until 10 p.m. on Friday and Saturday and 1 p.m. to 4 p.m. on Sunday. No glass containers will be allowed in the fenced area. Both the Chief of Police and the Fire Marshal have reviewed the request and have no issues granting the suspension of the code. Budget Impact• None. ATTACHMENTS: D Map of event area 6SU-69b-E9L:xej OO6[-691-E9L:aeoye '- "' -L ii 055 NW'-09 'Opi RnS"a ojj dV 96L e�asauu1W'aado�ey9 €E"� '€E6 1 w a 35II0H 7Il9fld €}ll 6eLESS NW'�doye45 T 1 ue�a6pry els ln LLL ]l'1'ANtldWO]9NIOlOH $&§$ eyt� ��Qpoz) NVId IOYLLNO] QNV 1N3WdOl3A30 NHUS1.0 w�;P #"g F MVH �J NOISOt13 V`JNIOViJg ��� fi e. B Q iEgg _ pY. � 6 kaF� gg� 3'o s I IINI Raja z h R :-;v ��"���� IN D iia I POP 8 k EF� i �i• � ER ODM asI I� ------ �- - 5� S -^ al • SPENCER —__ _ _ ------ -.�_-a- - f -V - - t '11i s 4 s s .I Al 111 • IT _ R 'A PF 4 � ay �� �' •l1. u Y N 1 l 1' L __1 �' J-,1 ' •�4 - t 1 T I' 11 41, F.5. H+ T OPEE Shakopee City Council April 18, 2017 FROM: William H. Reynolds, City Administrator TO: Mayor and City Council Subject• Volunteer Flower Garden Policy Policy/Action Requested: Approve the City Volunteer Flower Garden Policy Recommendation: Approval Discussion• On April 4, city residents brought forth a request to have volunteer flower gardens on surplus city property. After discussion with Council, staff was requested to bring forth a policy to regulate such actions. Attached policy incorporates that discussion with the exception of requiring a deposit for the plots. Under the policy if there are costs incurred by the city, individuals responsible will be charged for any funds expended. Budget Impact• None. ATTACHMENTS: 0 Volunteer Flower Garden Policy City of Shakopee 1129 Holmes St.S.,Shakopee MN 55379 1952-233-9300 1 Fax:952-233-38011 www.ShakopeeMN.gov SHAKOPEE Flower Garden Application Volunteer Information Name: Address: City: State: Zip code: Phone: Email: Group Name (if applicable): Number of people in group: Are you 18 or older? ❑ Yes ❑ No Flower Garden Request Requested Park Location: Term Length Requested: Notes to Applicant • Volunteer flower gardeners must agree to planting and long-term upkeep of assigned flower gardens. • All expenses incurred are the responsibility of the volunteer/group and not reimbursed by the city. • All garden volunteers must submit a garden plan for city approval. • The city prefers use of native Minnesota plants that are drought resistant with a mix or ornamental grasses and annuals. • After completion of volunteer term,the gardener must restore the property to its original state. • The city reserves the right to order removal of any garden for any reason. I understand that my services are offered on a voluntary basis without anticipation of financial remuneration.I grant permission for my photo to be used in any promotional materials produced by the City of Shakopee.I will indemnify and hold harmless the City of Shakopee,City Council and their officers, agents and employees from and against all claims,demands, loss of liability of any kind or nature for any possible injury incurred during volunteer service. Applicant's Signature Date (If under 18 years old, a parent/guardian must sign, too) Flower Garden Application-v4.13.17 Page 1 of 1 VOLUNTEER FLOWER GARDEN POLICY 90.17.01.P SHAK�PEE Adopted: DRAFT Amended: A. Purpose This policy is intended to encourage volunteerism by efficiently and effectively utilizing volunteers in Shakopee to plant, manage and upkeep flower gardens on vacant city- owned property in order to beautify the city and provide for a degree of uniqueness. This policy defines the role and responsibilities of individual volunteers and volunteer groups. B. Application Required Individuals or groups interested in volunteering to plant, manage and upkeep flower gardens must complete a Flower Garden Application.As part of the application process, all volunteers must provide full name, address, phone number and email address. The application will be reviewed by staff and decisions made on the basis of the needs of the City of Shakopee.All volunteers must sign a release waiver before performing any services on city property. C. Expectations of Volunteers Activities by volunteers and approved by the city shall be consistent with city policies. Volunteer flower gardeners must agree to planting and long-term upkeep of assigned flower gardens. This includes all required maintenance including,but not limited to: site preparation, planting,watering,weeding, mulching, and litter removal. If there is not a water source near the flower garden,the volunteer is responsible for hauling water to the garden. All expenses incurred by the volunteer/group will be at their sole discretion and will not be reimbursed by the City of Shakopee. For ease of maintenance,the City of Shakopee prefers the use of native Minnesota plants that are drought resistant with a mix or ornamental grasses and annuals as fill. All garden volunteers must submit a garden plan. The plants and design will be approved by the city. After completion of the term granted for the garden, all property must be returned to its the original state after garden removal. Employees of the City of Shakopee will not assume any responsibility for the flower garden if a volunteer relinquishes their responsibilities. If a flower garden volunteer/group fails to perform their duties as outlined, the City of Shakopee may charge them the actual costs of addressing any issues. The City of Shakopee reserves the right to order removal of any garden for any reason at their sole discretion. Upon notification,volunteers must work to remove all aspects of the garden from city property. Page 2 of 2 A. H+ T OPEE Shakopee City Council April 18, 2017 FROM: Mark Noble, Senior Planner TO: Mayor and City Council Subject: Public Hearing for Vacation of Roadway Easement for Shakopee Mdwewakanton Sioux Community. Policy/Action Requested: Open Public Hearing and continue to May 2, 2017 City Council Meeting. Recommendation: Open Public Hearing and continue to May 2, 2017. Discussion: N/A Budget Impact• N/A A.I. H+ T OPFF Shakopee City Council April 18, 2017 FROM: Mark Noble TO: Mayor and Council Members Subject• Rezone property to R-1B, R-2, R-4 & B-1; Reguide property to Single Family, Medium Density & High Density Residential, and Commercial; Establish a PUD Overlay District for a proposed mixed use development, and approve the Preliminary Plat of Windermere Policy/Action Requested: Approve Resolution No. 7863, a resolution approving the reguiding, PUD and Preliminary Plat of Windermere, with conditions, and approve Ordinance No. 960, an ordinance approving the rezoning of property, and move their adoption. Recommendation: Planning Recommendation On April 6th, the Planning Commission held a public hearing and reviewed the project, and by a 5-0 vote, forwarded a recommendation of approval regarding the applicant's request, subject to compliance with the conditions noted in Resolution No. 7863, and Ordinance No. 960. Discussion• Site Information Applicant: D.R. Horton, Inc. - Minnesota Property Owner: D.R. Horton, Inc. - Minnesota Location: South of Hwy. 169, west of Marystown Rd. (17th Avenue extended) Current Zoning: R-113, R-2, & B-1 Zones Adjacent Zoning: North: Hwy. 169 South: Urban Residential (R-1B) Zone East: Highway Business (B-1) Zone/ Urban Residential (R-1B) Zone West: Highway Business (B-1) Zone Comp. Plan: Commercial, Medium Density & Single Family Residential Lot Size: 76.6 Acres Introduction D.R. Horton, Inc. - Minnesota has made application to Rezone property to R-1B, R-2, R-4 & B-1; Reguide property to Single Family, Medium Density & High Density Residential, and Commercial; Establish a PUD Overlay District for the proposed mixed use development, and approve the Preliminary Plat of Windermere. The subject property is approximately 77 acres, and is located south of Hwy. 169, west of Marystown Rd., directly west and north/west of 17th Avenue. Presently, the property is guided as single-family & medium density residential and commercial, and is zoned R-1B, R-2, and B-1. The proposed project area introduces an R-4 (high density residential) element to the project, but overall there are a number of similarities to the previous project that D.R. Horton had submitted in 2008, which was never developed. Attached to this report is the applicant's current concept plan for this development, which conceptually shows 197 residential lots, seven (7) commercial lots for future development, and one (1) lot for future multi-family development. Planning staff notes that the 13 single family lots proposed in the southwest segment of this project are acknowledged as future lots, and can not be final platted until such time that development occurs to the south and west of that property. Regarding the multi-family lot, the R-4 zoning district was adopted by the City Council in December of 2015, which would allow (with a density allowance) 14-28 units/acre. No project is proposed for this site at this time, and it will be platted as an outlot until future development proposals are submitted, as will the B-1 commercial outlots. The applicant has provided floor and elevation plans of the proposed single family residences and townhomes for the Council's information. This property was part of the West End Study Area, which staff, the public, the Planning Commission and the City Council have reviewed and approved. The submitted Windermere project generally follows the approved plan, particularly concerning the location of commercial, multiple family and single family parcels. The road and trail alignments had to be adjusted from the West End Study due to grading factors, in an effort to bring roads and trails/walks into compliance with City and County design standards, particularly regarding allowed slopes. Elements of the project that the applicant is asking for specific approval (as part of the PUD) include the following: 1. 7 V2 foot minimum side yard setbacks in single family (R-1 B) lots, where 10 feet is the minimum requirement allowed. 2. Density of 10.5 units/acre in the townhome segments, where 8 units/acre is the maximum density allowed in the R-2 Zone. 3. 7-unit townhome buildings, where 6 units is the maximum allowed. 4. 20-foot minimum front yard setbacks for the townhome lots, where 35 feet is the minimum requirement allowed. 5. Any combination of 20 feet between townhome buildings (total), where 10 feet is the minimum side yard setback. 6. Right-of-ways and public streets widths less than the minimum requirements. 7. 25-foot minimum front yard setbacks for the single-family (R-1B) lots, where 30 feet is the minimum requirement allowed. 8. Encroachment into the Bluff Impact Zone. Considerations: The City Council may grant a zoning ordinance amendment when it finds that one or more of the following criteria exists: Criteria #1 That the original Zoning Ordinance is in error; Finding #1 The original zoning ordinance is not in error; however, the original zoning ordinance established a zoning boundary that is not compatible with the recently approved West End Study Area, which included this development area. Criteria #2 That significant changes in community goals and policies have taken place; Finding #2 Significant changes in community goals and policies that concern this property have taken place, as stated at the public meetings during discussion of the West End Study Area. The proposed plan is consistent with the West End Study Area plan approved by City Council in June, 2016. Criteria #3 That significant changes in City-wide or neighborhood development patterns have occurred; or Finding #3 Significant changes in development patterns have occurred for the subject property, as referenced in the approved West End Study Area plan. Criteria #4 That the comprehensive plan requires a different provision. Finding #4 The comprehensive plan is proposed to be amended to adjust the guiding for this property from Single Family Residential, Medium Density Residential and Commercial; to Single Family, Medium Density & High Density Residential, and Commercial. The City Code includes criteria for granting a Planned Unit Development (PUD) application. They shall base their decision to grant or deny an application for a PUD upon the following factors, and shall adopt findings relative to these criteria: Criteria #1: Whether the proposed development is consistent in all respect with the comprehensive plan and with this section. Finding #1: The use of the property will be in compliance with the proposed Comprehensive Plan Amendment. Criteria #2: Whether the proposed development, including deviations from design standards of the underlying zones, is compatible with surrounding land uses. Finding #2: The proposed deviations relating to setbacks for the residential lots, increase in density and number of units per building of the townhouse neighborhoods, minimal impact to a degraded bluff, and reduction in street widths of the townhouse neighborhoods are in keeping with the character of the previously approved project. This project is generally consistent with the West End Study Plan approved by the City Council in June, 2016. Criteria #3: Whether the proposed development, including deviations from development standards of the underlying zone, provides adequate open space, circulation, parking, recreation, screening, and landscaping. Finding #3: The proposed project will be providing a significant number of trails, park land and open space, with connections set up to tie into future adjacent developments. No changes are proposed in regard to landscaping, open space, or screening. A number of the proposed deviations from development standards are to allow for a better trail and open space network. Criteria #4: Whether the primary function of the PUD is to encourage development which will preserve and enhance the worthwhile, natural terrain characteristics and not force intense development to utilize all portions of a given site in order to arrive at the maximum density allowed. In evaluating each individual proposal, the recognition of this objective will be a basic consideration in granting approval or denial. Finding #4: The proposed development will preserve and enhance the worthwhile, natural terrain characteristics and not force intense development to utilize all portions of the site in order to arrive at the maximum density allowed. Criteria #5: Whether there exists an overall compatibility of land uses and overall appearance and compatibility of individual buildings to other site elements or to surrounding development. However, the architectural style of buildings shall not solely be a basis for denial or approval of a plan. Finding #5: The ultimate development of the PUD will provide for overall compatibility of land uses, buildings, and other site elements to the surrounding development. The proposed development will generally be similar in architectural style to the surrounding properties and will be compatible with the surrounding land uses. Criteria #6: Whether the proposed PUD plan would afford a greater general public benefit than would be realized under the underlying zoning district and/or general zoning provisions. Finding # 6: The proposed PUD allows for the flexibility to develop a creative site plan for a site with significant development challenges related to topography and street connections. The proposed PUD also allows for adequate pedestrian circulation to connect to the adjacent residential and park areas. The proposed development will afford a greater general public benefit than would be realized under the underlying zoning district and/or general zoning provisions. Staff believe revising the zoning for this property meets more than one of the criteria. As part of the West End Study review, planning staff, the city's consultant, and the City Council all found that additional commercial areas are needed in this area and that city-wide goals have changed since the last comprehensive plan. This parcel was selected as a site for additional commercial & multi-family residential development. Additionally, there was support for an extensive trail network that will make use of the exceptional natural resources of this area, and will establish a framework for connectivity between the residential neighborhoods and the commercial properties. Staff, the applicant and outside agencies have spent considerable time reviewing and discussing this submittal. Several review agencies (City Engineering, Natural Resources and Parks & Recreation, SPUC, Scott County, and MnDOT) have provided comments and the applicant is working with the agencies to address their comments. The 8 (eight) elements that the developer is asking for approval as part of the PUD (noted above) do not create a hardship on the City and County long range plans for this area nor create a hardship on the specific neighborhoods of this development; therefore, there is support for granting approval of their requests. Budget Impact• There would be a significant increase to the City's tax base should this property develop consistent with their PUD plan. ATTACHMENTS: D Resolution No. 7863 D Ordinance No. 960 Plat & Landscape Plans a Site Aerial Legal Description a MnDOT Letter a West End Study Area Map a Mason a Rushmore a Bryant a Everett a Easton a Harrison a Jordan 0 Redwood a Graham a Grant a Callaway/Riley RESOLUTION NO. 7863 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVING A COMPREHENSIVE PLAN AMENDMENT,A PLANNED UNIT DEVELOPMENT,AND THE PRELIMINARY PLAT OF WINDERMERE WHEREAS,D.R. Horton, Inc. -Minnesota, applicant and property owner, have made application for a Comprehensive Plan Amendment, a Planned Unit Development, and Preliminary Plat of Windermere; and WHEREAS,the property upon which the request is being made is legally described as: See Attached Exhibit; and WHEREAS,the Planning Commission of the City of Shakopee did review the application on February 9 & April 6, 2017; and WHEREAS, all required public notices regarding the public hearing for the Comprehensive Plan Amendment, a Planned Unit Development, and Preliminary Plat were duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon; and WHEREAS,the City Council of the City of Shakopee did review the application on April 18, 2017 and adopted the following findings: NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Shakopee hereby adopts the following findings of facts relative to the Comprehensive Plan Amendment request: Criteria#1 The original zoning ordinance is in error. Finding#I The original zoning ordinance is not in error; however, the original zoning ordinance established a zoning boundary that is not compatible with the recently approved West End Study Area, which included this development area. Criteria#2 Significant changes in community goals and policies have taken place. Finding#2 Significant changes in community goals and policies that concern this property have taken place, as stated at the public meetings during discussion of the West End Study Area. The proposed plan is consistent with the West End Study Area plan approved by City Council in June, 2016 Criteria#3 Significant changes in development patterns have occurred. Finding#3 Significant changes in development patterns have occurred for the subject property, as referenced in the approved West End Study Area plan. Criteria#4 The Comprehensive Plan requires a different provision. Finding#4 The comprehensive plan is proposed to be amended to adjust the guiding for this property from Single Family Residential,Medium Density Residential and Commercial; to Single Family,Medium Density&High Density Residential, and Commercial. NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Shakopee hereby adopts the following findings of facts relative to the Planned Unit Development(PUD) request: Criteria#1: Whether the proposed development is consistent in all respect with the comprehensive plan and with this section. FindingNo.l: The use of the property will be in compliance with the proposed Comprehensive Plan Amendment. Criteria#2: Whether the proposed development, including deviations from design standards of the underlying zones, is compatible with surrounding land uses. Finding#2: The proposed deviations relating to setbacks for the residential lots, increase in density and number of units per building of the townhouse neighborhoods, minimal impact to a degraded bluff, and reduction in street widths of the townhouse neighborhoods are in keeping with the character of the previously approved project. This project is generally consistent with the West End Study Plan approved by the City Council in June, 2016 Criteria#3: Whether the proposed development, including deviations from development standards of the underlying zone, provides adequate open space, circulation, parking, recreation, screening, and landscaping. Finding#3: The proposed project will be providing a significant number of trails,park land and open space, with connections set up to tie into future adjacent developments. No changes are proposed in regard to landscaping, open space, or screening. A number of the proposed deviations from development standards are to allow for a better trail and open space network. Criteria#4: Whether the primary function of the PUD is to encourage development which will preserve and enhance the worthwhile, natural terrain characteristics and not force intense development to utilize all portions of a given site in order to arrive at the maximum density allowed. In evaluating each individual proposal, the recognition of this objective will be a basic consideration in granting approval or denial. Finding#4: The proposed development will preserve and enhance the worthwhile, natural terrain characteristics and not force intense development to utilize all portions of the site in order to arrive at the maximum density allowed. Criteria#5: Whether there exists an overall compatibility of land uses and overall appearance and compatibility of individual buildings to other site elements or to surrounding development. However, the architectural style of buildings shall not solely be a basis for denial or approval of a plan. Finding#5: The ultimate development of the PUD will provide for overall compatibility of land uses, buildings, and other site elements to the surrounding development. The proposed development will generally be similar in architectural style to the surroundingproperties and will be compatible with the surrounding land uses. Criteria#6: Whether the proposed PUD plan would afford a greater general public benefit than would be realized under the underlying zoning district and/or general zoning provisions. Finding# 6: The proposed PUD allows for the flexibility to develop a creative site plan for a site with significant development challenges related to topography and street connections. The proposed PUD also allows for adequate pedestrian circulation to connect to the adjacent residential and park areas. The proposed development will afford a greater general public benefit than would be realized under the underlying zoning district and/or general zoning provisions. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA,AS FOLLOWS: That the Planned Unit Development for Windermere is hereby approved to allow the development in the following manner: 1. 7 '/z foot minimum side yard setbacks for the single family (R-113)lots. 2. Density of 10.5 units/acre in the townhome segments. 3. 7-unit townhome buildings. 4. 20-foot minimum front yard setbacks for the townhome lots. 5. Any combination of 20 feet between townhome buildings (total). 6. Right-of-ways and public streets widths less than the minimum requirements, as identified on the PUD/Plat Plan dated 03/16/17, unless as noted by City Engineering. 7. 25-foot minimum front yard setbacks for the single-family (R-113)lots. 8. Encroachment into the Bluff Impact Zone, as identified on the PUD/Plat Plan dated 03/16/17. 9. Trail and walk layout as identified on the PUD/Plat Plan dated 03/16/17. 10. If the applicant constructs a monument sign for this subdivision, the sign must meet City Code standards for design and location and receive a sign permit. All signage is required to be located within a dedicated sign easement. 11. A utility coordination plan is required and must receive approval from the City of Shakopee. Right-of-way permits will not be granted without an approved coordination plan. 12. The development as a whole, including the construction of the County Road improvements, shall meet the City Water Resources design criteria. 13. Per our drainage meeting on March 22nd, 2017, Scott County is comfortable with the construction of a temporary storage pond on the South Side of the proposed County Road adjacent to Pond #3. The purpose of the pond is to reduce the need for oversized trunk storm sewer facilities down stream of Pond #3 accommodate existing conditions upstream of the development that will be required to reduce their discharge rate as future development occurs. Scott County will require this design to not overflow onto the County Road in storms less than a 50-year event. The analysis will need to include running the 100-year storm in this scenario to show its impact on all other downstream resources. 14. The design of the County Road shall meet all County Construction requirements. 15. Of the land proposed as open space, Outlot J may be acceptable as dedicated park property excluding the ponding area. All other outlots would not be acceptable for Park Dedication. 16. The applicant to provide a trail connection from 17th Avenue south into Outlot J. 17. The applicant is required to install sidewalk on one side of all residential streets. 18. The applicant is required to install a trail along the north side if 17th Avenue. 19. The applicant shall provide and install park, open space, and trail boundary signage as determined to be needed by the city. The city shall provide the signage and posts for the park, and the applicant provide the installation of the signage. The city shall provide the signage for open space and trail boundary, and the applicant provide the posts and installation of the signage. 20. Land conveyed or dedicated to the city shall not be used in calculating density requirements of the city zoning ordinance, and shall be in addition to and not in lieu of open space requirements for planned unit developments. 21. Wetland, ponding areas, drainageways, and utility easements accepted by the city shall not be considered in the park land and/or cash contribution to the city. 22. The project shall comply with the conditions noted in the Minnesota Department of Transportation (MnDot)letter dated January 19, 2017. 23. Windermere Way and 17th Avenue shall have a minimum eight feet between the back of curb and trail/sidewalk. A trail easement shall be given for any portion of the trail which is outside of the city right-of-way, plus an additional two feet beyond the trail. 24. Soil modification within the planting strips on Windermere Way and 17th Avenue is required as approved by the city engineer. 25. Tree planting/landscaping done within the city right-of-way or easements must be approved by the city engineer. This includes but is not limited to species selection, location, quantity, sizing, maintenance, installation schedule, and warranty. Trees are required to be planted at a minimum 40-foot spacing on each side of the street on Windermere Way and 17th Avenue, as approved by the city engineer. 26. A j oint trench is required for all underground wire utilities. The location of the j oint trench, utility coordination plan, and installation schedule is to be approved by the city engineer. 27. A right-of-way permit is required before installation of any utilities within city right- of-way or easements. 28. The applicant must meet all vegetation establishment requirements within stormwater areas and city outlots, as approved by the city engineer. 29. Proposed impacts to the bluff impact zone along the trail located in Outlot A, adjacent to Block 3, Lot 1, are acceptable due to previous agricultural disturbance. 30. Landscaping within the project shall comply with the standards listed in the City Code. 31. Landscaping (including trees, shrubs and soils) design/details shall be approved by the City Engineer or designee prior to issuance of a grading permit. 32. Municipal water service is available subject to their standard terms and conditions. These include, but are not limited to: installing a lateral water main distribution system in accordance with utility policy, paying the associated inspections costs, granting any necessary easements, paying the Trunk Water Charge, and paying the Water Connection Charge. 33. Underground electric service is available subject to their standard terms and conditions. These include, but are not limited to: entering into an Underground Distribution Agreement, granting any necessary easements, and paying the associated fees. 34. Street lighting installation is available subject to their standard terms and conditions. These are contained in the current City of Shakopee Street Lighting Policy. Applicant must pay the associated fees. 35. The applicant shall work with SPUC regarding a site for a Water Pressure Booster Station to enable service to the 2nd High Elevation Service District(project is located within the 1st and 2nd High Elevation Service Districts). 36. At time of Final Plat review, the road design shall comply with the City of Shakopee and Scott County's design standards, including providing the required public right-of- way and easements for 17th Avenue and County Hwy. 15. 37. At time of Final Plat review, the storm water management plan shall comply with the City of Shakopee and Scott County's design standards. 38. Trails throughout the development(including along County Hwy. 15 and 17th Avenue) shall be constructed consistent with City and County design standards. 39. Right of way sight triangles shall be dedicated on the plat at intersections with the County roadway and at the County Hwy. 15/17th Avenue intersection that mirror the Countryside plat. 40. No ponding or berming, shall be permitted within the County right-of-way unless specifically approved by County staff. 41. A tree and landscaping plan shall be approved by the County prior to installation of plantings in their public right-of-ways and public easements. 42. Any field accesses to County Hwy. 15 shall be completely removed from the county right-of-way and graded to match the existing ditch. 43. Any work within the County right-of-way shall require the appropriate County permit. 44. Noise levels will increase as traffic levels increase in the area. Noise attenuation for the homes along the County Roads is the responsibility of the developer. WHEREAS,the Planning Commission of the City of Shakopee reviewed the preliminary plat on February 9 and April 6, 2017 and recommended that the City Council approve the preliminary plat of Windermere Addition; and WHEREAS,the City Council reviewed the preliminary plat on April 18, 2017. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Shakopee, Minnesota that the preliminary plat of Windermere is hereby approved subject to the following conditions: 1) The following procedural actions must be completed prior to the recording of a Final Plat: 1. Execution of a Developer's Agreement, which needs to include provisions for security for public improvements within the subdivision and payment of the Street and Utility Fee and the Watermain Fee. 2. Payment of all Storm Water Management Plan Review Fees need to be made, as required by the most current City of Shakopee Fee Schedule. 3. Payment of the Trunk Sanitary Sewer Charge needs to be made, as required by the most current City of Shakopee Fee Schedule. 4. Payment of the Trunk Storm Water Charge needs to be made, as required by the most current City of Shakopee Fee Schedule. 5. Payment of the Sign Installation Fee needs to be made, as required by the most current City of Shakopee Fee Schedule. 6. Payment of the Bituminous Sealcoat Fee needs to be made, as required by the most current City of Shakopee Fee Schedule. 7. The applicant will submit a detailed contractor's bid for all public improvements associated with this subdivision. 8. The applicant will submit a detailed lot area drawing showing the total plat area, the total drainage and utility easement area encompassing high water levels of wetlands/storm water basins, the total area of right-of-way, the total area of conservation easements and outlots, the total area of bituminous street and the total area of lots. 9. The applicant will submit a detailed wetland delineation report/review and application to document the existence/nonexistence of wetlands onsite. This application needs to be reviewed by members of a TEP and needs to be approved by the City of Shakopee acting in its role as the LGU for administration of the WCA. 10. Should wetlands exist in the subdivision, the applicant will provide the required buffers, dedicate adequate outlots or conservations easements to encompass the buffers and wetlands and provide signage per requirements set forth in Chapter 54.32 of the City of Shakopee Code of Ordinances. 11. The applicant will need conditional approval of the subdivision's storm water management plan. 12. The applicant will submit a detailed geotechnical report outlining any groundwater encountered as well as infiltration rates in appropriate locations. 13. The applicant will move the proposed retaining wall in Outlot D to the north so it is not located in the drainage and utility easement adjacent to Windermere Way. 14. The applicant will provide additional right-of-way in the form of sight triangles 15 feet in dimension at every intersection. 15. The proposed extension of Outlot A to Linwood Circle and Willow Circle needs to be eliminated and incorporated into the adjacent lots. A trail will be required in these locations; therefore, a trail easement document shall be created and recorded. 16. Easements will be shown on the Final Plat as approved by the City Engineer. They include, but are not limited to the following: • Once adequate utility plan and profile sheets are prepared, the applicant will verify appropriate drainage and utility easements for public sanitary sewer and storm sewer systems are provided. The minimum widths of drainage and utility easements are set forth in Section 10.1 (A-D) of the City of Shakopee Design Criteria. • Provide a minimum of 15 feet of drainage and utility easement adjacent to all of County Road 15 (Marystown Road) and County Road 16 (17th Avenue)rights-of- way. • Provide a minimum of 10 feet of drainage and utility easement adjacent to the Windermere Way right of way, even in the outlots. • Provide a minimum of 5 feet of trail/sidewalk easement adjacent to the entire length of the westerly right of way of Windermere Way and also a 15-foot trail/sidewalk easement along the entire length of both sides of County Road 16 (17th Avenue). • Provide a drainage and utility easement to encompass the storm sewer which runs northerly from Benton Drive to Belmont Drive and thence easterly on Belmont Drive to the pond located in Outlot L. 17. Provide electronic files (AutoCAD and Portable Document Format—PDF) of the Final Plat to be recorded with datum on the Scott County coordinate system. 18. The proposed 100 year HWL of Pond #4 exceeds the Rim elevation of the storm sewer structures to the north that are supposed to direct their runoff to the this pond. Per County design criteria, the 100 year HWL shall be at least 1 foot below the rim elevation. This may require changing the size or grading of that proposed pond to meet this criteria if the outlet size cannot be increased. 19. Park Dedication as outlined in City Code 150.65 shall be met. The applicant shall meet park dedication requirements by providing the land consistent with the following formulas: Single Family Homes: 53 lots (66-13) X 3 persons per lot/75 people/acre =2.12 acres Multi Family: 131 Units X 1 person per unit/75 people/acre = 1.75 acres Total acreage = 3.87 acres The following items need to be addressed/completed prior to approval of a grading permit and/or a building permit: 1. The applicant will need final approval of the subdivision's storm water management plan. 2. The applicant will grade the entire site, as proposed on the approved plans, in one phase within one year from the date of approval of the grading permit application. Grading is defined as bringing the site to the proposed finished grade with materials deemed acceptable by the City of Shakopee engineering department, providing topsoil per City requirements and applying seed, mulch and/or sod per City requirements and providing an as-built record grading plan per Section 2.5 of the City of Shakopee Design Criteria. 3. Class IV fieldstone riprap and geotextile fabric will be placed at each flared end section. The riprap and fabric will be installed to the bottom of the storm water basin. 4. The proposed storm sewer in the rear of Blocks 4 and 5 needs to be located entirely within Outlot A. 5. The proposed storm sewer in the rear of Block 1 needs to be eliminated. Any needed catch basins should drain to the County Road 16 (17th Avenue) storm sewer system. 6. In order to minimize/eliminate storm sewer located on side lot lines, reroute the storm sewer from between Lots 1 and 2, Block 4 to the storm sewer system on Windermere Way. 7. The applicant will work with the City of Shakopee to verify whether or not storm sewer needs to be extended in Tamarack Road to serve future developments to the west. 8. The applicant will work with the City of Shakopee to verify whether or not storm sewer needs to be extended in Windermere Way to serve future developments to the south. 9. The applicant will work with the City of Shakopee to eliminate lots with public utilities on both side lot lines. 10. Storm manholes will need to be added in order to reduce flow velocities at flared end sections to an acceptable rate. This rate will be determined by the engineering division. 11. The applicant will seed the disturbed storm water basin area with a native vegetation. The seed mixture, application and maintenance requirements will be determined by the City Engineer or their assign. 12. The applicant shall provide adequate permanent erosion control, as approved by the City Engineer, for the ravine draining to pond 3 and also the upstream slopes of pond 3. There is a large tributary area to the southwest draining to this pond that has the potential to create long term erosion and maintenance issues. 13. The applicant shall fill in the ditch along County Road 15 (Marystown Road). All field accesses will be removed as part of this project. Storm sewer and a bituminous trail will be required. 14. The applicant will install trunk sanitary sewer to the west and south property lines as directed and approved by the city engineer. 15. The sanitary sewer extended from the existing Metropolitan Council's trunk facility will need to be of a material approved by the city engineer. 16. Retaining walls 4 feet or greater in height must have a design certified by a registered professional engineer. 17. The applicant will install a maintenance trail 12 feet in width over or near the required trunk sanitary sewer in Outlot A. This trail, if possible, will be connect to the trail system near the storm basin in Outlot A to the southwest. 18. The applicant is showing several streets that do not comply with the minimum back of curb to back of curb width. Local streets shall be 34 feet back of curb to back of curb with the exception of Windermere Way which shall be 37 feet back of curb to back of curb. 19. The applicant will provide vertical street curves that comply with city requirements, unless otherwise approved by the city engineer. 20. The typical section for County Road 16 (17th Avenue) needs to be determined by the city and the county. 21. The applicant will submit detailed pavement design calculations. 22. The applicant will submit a landscaping plan in compliance with the most recent version of the City of Shakopee's Easement Fencing and Landscaping Policy. If the applicant wishes to vary from these requirements, a detailed subdivision-wide utility service corridor plan will need to be submitted for review. 23. Record plans need to be provided per the City of Shakopee Design Criteria, Section 2.5 and Section 11.2 (A-L). The record plans need to be submitted to the engineering department. 24. Detailed design issues will need to be addressed by the applicant prior to approval of the stormwater management plan and issuance of a grading permit. 25. The recent plans indicate a gas station use. The applicant needs to be aware that runoff from a gas station site cannot be routed to an infiltration basin, per MPCA requirements. If that use is to move forward, the stormwater management needs to be revised accordingly to meet city rate, quality, and volume control. 26. Drainage and utility easements must encompass all drainage infrastructure and 100- year HWLs around any stormwater basins. 27. A final stormwater analysis and HydroCAD model demonstrating rate, volume and water quality standards are met. It should be noted that the City does not allow orifices smaller than 8-inches. Currently the stormwater management plan includes 6- inch orifices. The proposed stormwater design should replace the 6-inch orifices with 8-inch. 28. Final grading plan with legends that contain all symbology and more contour labeling. Also, the grading around Willow Circle between Lots 7 & 8 and Lots 14 & 15 appears to create flooding situation within the street and driveway areas. Westwood should reconsider grading in this area, and others with a similar situation. 29. Stormwater Report that summarizes the phasing of this development, including a description and proposed drainage that includes the development of the upstream tributary area. 30. Utility plans and plan/profile for all sanitary and stormsewer service lines shall be reviewed and approved by the City. BE IT FURTHER RESOLVED, Adopted in session of the City Council of the City of Shakopee,Minnesota, held on the day of ,2017. Mayor of the City of Shakopee ATTEST: Lori Hensen, City Clerk PREPARED BY: City of Shakopee 129 Holmes Street South Shakopee,MN 55379 ORDINANCE NO. 960 AN ORDINANCE OF THE CITY OF SHAKOPEE,MINNESOTA, AMENDING THE ZONING MAP ADOPTED IN CITY CODE SEC. 151.003 BY REZONING PROPERTY LOCATED SOUTH OF U.S.HWY. 169,WEST OF CSAH 15/MARYSTOWN ROAD AND WEST/NORTHWEST OF 17TH AVENUE TO URBAN RESIDENTIAL (R-1B),MEDIUM DENSITY RESIDENTIAL (R-2) &HIGH DENSITY RESIDENTIAL (R-4)ZONES,AND HIGHWAY COMMERCIAL (B-1)ZONE WHEREAS, D.R. Horton, Inc. -Minnesota, applicant and property owner,have applied to rezone property from R-1B, R-2, and B-1 Zones to R-1B, R-2, R-4 &B-1 Zones; and WHEREAS,the property is legally described as: See Attached Exhibit; and WHEREAS,notices were duly sent and posted, and public hearings were held before the Planning Commission on February 9 and April 6, 2017, at which time all persons present were given an opportunity to be heard; and WHEREAS,the Planning Commission has recommended to the City Council that the subject property be rezoned as stated; and WHEREAS,the City Council heard the matter at its meeting on April 18, 2017;and NOW, THEREFORE BE IT ORDAINED,that the City Council of the City of Shakopee hereby adopts the following findings of facts relative to the above-named request: Criteria#1 The original zoning ordinance is in error. Finding#1 The original zoning ordinance is not in error; however; the original zoning ordinance established a zoning boundary that is not compatible with the recently approved West End Study Area, which included this development area. Criteria 42 Significant changes in community goals and policies have taken place. Finding#2 Significant changes in community goals and policies that concern this property have taken place, as stated at the public meetings during discussion of the West End Study Area. The proposed plan is consistent with the West End Study Area plan approved by City Council in June, 2016 Criteria 43 Significant changes in development patterns have occurred. Finding#3 Significant changes in development patterns have occurred for the subject property, as referenced in the approved West End Study Area plan. 1 Criteria 44 The Comprehensive Plan requires a different provision. Finding#4 The comprehensive plan is proposed to be amended by Resolution No. 7863 to adjust the guiding for this property from Single Family Residential, Medium Density Residential and Commercial; to Single Family,Medium Density&High Density Residential, and Commercial. BE IT FURTHER ORDAINED,that the request to rezone the property as stated in this ordinance is hereby approved. Passed in regular session of the City Council of the City of Shakopee, Minnesota held this 18th day of April, 2017. Mayor of the City of Shakopee Attest: Lori Hensen, City Clerk Published in the Shakopee Valley News on the day of 120 2 a t- 6 ILI�.—ocl J s F Y $^ s Cd 3Ca� "C A ACkR "k�pnR VR'R f Signa"s 'sS ROM aee a a ��� N HE �� M aaaaeaaeaaaaa � �A II ---z---- i I I f . it :;�t„ k'•t `a � ���# .�.. 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H gs 3'z Yea g$$�HK Mil ' uA r / £�'am; mad wa3& / f I \\ �F ll/ � Ar4 I 4 xS. °LIG TH u,��oksag�a�e„�s ads'gig" �� a���• YY�� pp i Na 0000 or y _ V o NMI 1 EXHIBIT A All that part of the East Half of the Northeast Quarter of Section 14, Township 115, Range 23, Scott County, Minnesota lying Southerly of the following described line: Commencing at the Northeast corner of said Section 14; thence South 01 degrees 01 minutes 25 seconds East, assumed bearing, along the East line of said Northeast 1/4, a distance of 1,300.98 feet to the point of beginning of said line; thence North 85 degrees 45 minutes 11 seconds West, a distance of 153.40 feet to the Westerly right-of-way line of the Minnesota Commissioner of Transportation Right-of-Way Plat No. 70-15; thence continuing North 85 degrees 45 minutes 11 seconds West, a distance of 1,171.22 feet to the West line of said East Half of the Northeast Quarter and there terminating. Except: The land taken by the Minnesota Department of Transportation for highway right-of-way as recorded on the Minnesota Commissioner of Transportation Right-of-Way Plat No. 70-15. AND EXCEPT That part of the Northeast Quarter of Section 14,Township 115, Range 23, Scott County, Minnesota described as follows: Commencing at the Southeast corner of said Northeast Quarter;thence North 00 degrees 00 minutes 00 seconds East, assumed basis for bearings, along the East line of said Northeast. Quarter 274.70 feet to the point of beginning of the land herein described; thence South 89 degrees 22 minutes 01 seconds West 441.00 feet;thence North 00 degrees 00 minutes 00 seconds East 150.00 feet;thence North 89 degrees 22 minutes 01 seconds East 441.00 feet to a point in the East line of said Northeast Quarter; thence South 00 degrees 00 minutes 00 seconds East along said East line. 150.00 feet to the point of beginning. I AND EXCEPT All that part of the East Half of the Northeast Quarter of Section 14,Township 115. Range 23,Scott County, Minnesota, described as follows: Beginning at the East Quarter Corner of said Section 14,Township 115. Range 23 and running thence North on the section line 208.70 feet; thence West parallel to the South line of the East 1-lalf of the Northeast Quarter 208.71 feet thence South and parallel to the East line of said Section 14, 208.70 feet to the South line of said East 1-laif of the Northeast Quarter;thence East on said South line 208.71 feet to the niece of beginning. AND: All that part of the of the West half of the Northeast Quarter of Section 14,Township 115, Range 23. Scott County, Minnesota described as follows: Commencing at the Northeast corner of said Section 14; thence South 01 degrees 01 minutes 25 seconds East,assumed bearing, along the East line of said Northwest quarter, a distance of 1,300.98 feet; thence North 85 degrees 45 minutes li seconds West, a distance of 153.40 feet to the Westerly right of way line of the Minnesota Commissioner of Transportation Right of Way Plat No. 70-15;thence continuing North 85 degrees 45 minutes it seconds West, a distance of 1,171.22 feet to the West line of said East Half of the Northeast Quarter to the point of beginning;thence continuing North 85 degrees 45 minutes 11 seconds West, a distance of 216.14 feet; thence South 40 degrees 13 minutes 55 seconds West, a distance of 463.16 feet;thence South 00 degrees 40 minutes 02 seconds East, a distance of 1,192.71 feet to the South line of said West Half to the Northeast Quarter;thence North 88 degrees 20 - I i` minutes 48 seconds East, along said South line, a distance of 518.67 feet to the East line of said West Half of the Northeast Quarter;thence North 00 degrees 40 minutes 02 seconds West,along said East line, a distance of 1,515.36 feet to the point of beginning. I I -Olt y° Minnesota Department of Transportation Metropolitan District 0aWaters Edge Building °FT"" 1500 County Road B2 West Roseville, MN 55113 January 19, 2017 Tarni Vidmar Shakopee Community Development 129 South Holmes Street Shakopee,MN 55379 SUBJECT: Windermere MnDOT Review#P17-001 SW quad of US 169 and Marystown Road Shakopee, Scott County Control Section 7005 Dear Ms. Vidmar: The Minnesota Department of Transportation(MnDOT) has reviewed the proposed Windermere development plat in compliance with Minnesota Statute 505.03, subdivision 2, Plats. Before any l further development,please address the following issues: Planning The direct connection to the development across frorn the ramp terminal needs to go through the interchange review committee for approval. Please consult Appendix F of the Metropolitan Councils Transportation Policy plan for guidance. htt s://rnetrocouncii.or /Trans oi-tati.on/Plannin -2/Key-Trans ortation-Plannin - Documents/Trans ortation-Polis -Plan/The-Ada ted-2040-TPP- 1 /Final-2040-Trans ortation- i r Policy-Plan/2040-TPP-Appendix-F-Highway-lriterchange.aspx For questions regarding these comments please contact Karen Scheffing at 651-234-7784 or Karen.scheffing(,i,,state.mn.us. Design Ensure that the grades down to the Windermere Way culverts that are on MnDOT right of way i are 1:6 or flatter. Reference the attached MnDOT Standard Plate 9000. The proposed retaining wall is very close to MnDOT right of way. No supporting elements of the retaining wall can be on MnDOT right of way. € For questions regarding these comments please contact Nancy Jacobson at 651.234.7647 or Nancy.IjacobsonO.) ite.m.n.us ° i I Wetter Resources This project will require a drainage permit please resubmit all calculations and drainage area maps that are attached in the plat review with drainage permit application to permit office. For questions regarding these comments please contact Hailu Shekur at 651-234-7521 or hailu.shakurL�state.mn.us. Comments regarding the Traffic Impact Study: • Page 4: Please update the number of lanes associated with each roadway. For example, Marystown road does not appear to have 6 lanes, it appears to have 4 (two in each direction). • Page 14, Section 4-3, 2d paragraph: o Any change in Traffic Control at an intersection in the 2019 Build Scenario, even the change from a thra-stop to an all way stop, requires an Intersection Control Evaluation(ICE)Report. The ICE report considers all intersections types (such as thru-stop, all-way stop, roundabout, signals, etc.). Please include the necessary ICE for the proposed all way stop condition at the Hwy 169 ramps and Marystown Rd intersections. o In the 2029 Build Scenario, an ICE report may conclude that a Roundabout or other intersection type is most appropriate at the TH 169 ramps/Marystown intersections. Area should be preserved so that a roundabout would still be a viable option in the 2029 Build Scenario. For questions regarding these comments please contact Tiffany Kautz at 651-234-7824 or tiffany.kautz(a7 state.mn.us. Right of way 1. MnDOT right of way Plats are only tools used for the Deeds to reference for a graphical representation for the acquisition. a. These right of way plats do not always show the existing right of way. b. On the opposite side of the County Road, MnDOT has executed a conveyance which creates the existingright of way line in a different location than what is shown on the g Y t plat. 2. Please add a label to the existing MnDOT right of way location. 3. Please show and label the existing Access Control. For questions regarding these comments please contact Matt Aguirre at(651) 234-7599 or matt.a 7uirrec state.mn..us. Surveys ! Please label MnDOT b-corners,right-of-way, and plat. In addition,please show existing access ' control. For questions regarding these comments please contact Bruce Wetherbee at 651-366-5176 or Bruce.wetherbee rr,state.mn.us I' Permits: US-169 is freeway design with access control in this area. No impacts to US-169 should be allowed. Any work impacting MnDOT Right-of-way will require a permit. Permit forms are available from MnDOT's utility website at httu://www.dot.state.mn.us/utility/ Please include one plan set formatted to 11 x 17 with each permit application. Please direct any questions regarding permit requirements to Buck Craig (651-234-7911 or buck.crai.2nstate.mn.us) of MnDOT's Metro Permits Section. .Noise: MnDOT's policy is to assist local governments in promoting compatibility between land use and highways. Residential uses located adjacent to highways often result in complaints about traffic noise. Traffic noise from this highway could exceed noise standards established by the Minnesota Pollution Control Agency(MPCA),the U.S. Department of Housing and Urban Development, and the U.S. Department of Transportation. Minnesota Rule 7030.0030 states that municipalities having the authority to regulate land use shall take all reasonable measures to prevent the establishment of land use activities, listed in the MPCA's Noise Area Classification (NAC), anywhere that the establishment of the land use would result in immediate violations of established State noise standards. I MnDOT policy regarding development adjacent to existing highways prohibits the expenditure l of highway fiends for noise mitigation measures in such developed areas. The project proposer is required to assess the existing noise situation and take the action deemed necessary to minimize the impact to the proposed development from any highway noise. If you have any questions regarding MnDOT's noise policy please contact Natalie Ries in Metro District's Noise and Air Quality Unit at 651-234-7681 or Natalie.RiesCstate.mn.us . Review Submittal Options: MnDOT's goal is to complete the review of plans within 30 days. Submittals sent in electronically can usually be turned around faster. There are four submittal options. Please submit either: 1. One (1) electronic pd£ version of the plans. MnDOT can accept the plans via e-mail at metrodevreviews.dot2state.mn.us provided that each separate e-mail is under 20 megabytes. 2. Three (3) sets of full size plans. Although submitting seven sets of full size plans will expedite the review process. Plans can be sent to: MnDOT—Metro District Planning Section Development Reviews Coordinator j 1500 West County Road B-2 Roseville,MN 55113 3. One (1) compact disc. 4. Plans can also be submitted to MnDOT's External FTP Site. Please send files to: fty.Hftp2.dot.state.inn.us/pub/incominMetroWatersEd e/Piannin Internet Explorer doesn't work using ftp so please use an FTP Client or your Windows Explorer(My Computer). Also,please send a note to inetrodevreviews.dotiystate.ann.us indicating that the plans have been submitted on the FTP site. If you have any questions concerning this review please contact me at(651) 234-7784. Sincerely, Karen Scheffing Principal Planner Copy sent via E-Mail: Buck Craig, Permits Nancy Jacobson, Design Hailu Shakur, Water Resources Matt Aguirre, Right-of-Way Diane Langenbach, Area Engineer Tiffany Kautz, Traffic Clare Lackey, Traffic Natalie Ries,Noise Russ Owen, Metropolitan Council James L. Hentges, Scott County Surveys x 142' 74' VARIABLE TY' HIGHWAY rt HIGHWAY (E3T' I SHOULDER 30' L VARIABLE BITUMINOUS 30 SHOULDER SURFACING , O'TO 1.5' BITUMINOUS 25'R. SURFACING �I 32` I O'TO 1,5' 1 4- — - —R/WLINE �� ; .�,. •I —R/W LINE COMMERCIAL - INDUSTRIAL - FARM ENTRANCES RURAL RESIDENTIAL ENTRANCE 80' HIGHWAY q01 VARIABLE HIGHWAY(L VARIABLE SHOULDER SHOULDER ------------- 30 12'TURN LANE /�. 35'R. �• 20' —20'R. 16 iIG BITUMINOUS SURFACING 0'TO 1.5' I .+ oR/W LINE v LL — FIELD ENTRANCES R/W LINE I 29` I Q1 SURFACING TO MATCH EXISTING CONDITIONS.WHERE THERE I l IS NO SURFACING,PLACE GRAVEL BEYOND BITUMINOUS SURFACING TO R/W LINE. LOW VOLUME ROAD2O PLACE 2 FT.WIDE BITUMINOUS SURFACING AS DIRECTED BY ENGINEER. 3O 8% MAXIMUM COMMERCIAL: 15% MAXIMUM RESIDENTIAL. ® THE USE OF PAVING SIMILAR TO COMMERCIAL ENTRANCES MAY BE APPROPRIATE FOR SOME RESIDENCES - AS SHOWN IN PLANS OR DIRECTED BY THE ENGINEER. 0.5'MIN. HIGHWAY NOTEe USE 1.6 SIDE SLOPES VAR. CUT SECTION 50'RECOMMENDED FOR ROADS - (25'MIN.) HIGHWAY 25'RECOMMENDED FOR ENTRANCES - 15'MIN. NOTE.-USE 1sG SIDE SLOPES FILL SECTION ---- �J VAR. f f r CULVERT IF NECESSARY 0.S'MIN. CROSS SECTIONS APPROVED SEPT.27.2012 STATE OF MINNESOTA SPECIFICATION STANDARD —————— DEPARTMENT OF TRANSPORTATION REFERENCE PLATE. NO. APPROACHES AND ENTRANCES STATE DESIGN ENGINE RECOMMENDED STANDARDS 9000E f/�r.,\\. 7,s, �.�'• 71K^ .h;-...n. ,e-1r:�r� T nr.. A Preferred Development Concept 6/15/16` BiemM:�lfljµed'sP:iii-R , �� •^i.Cil U r� a A B � I - i Q/ i Legendll j::City Boundary i �IF �� =VA - i i Project Boundary J Transmission Line i N -------_---_ Fno--mrer-fann 7 j U L / M ' Right In I Right Out pf i t Trails , b �_�� I i •U Low Density Smgle Family p R I P i Meamm Denny sman Lot Single Family Medinm DensityMixed R nhousel Small Lot Single Family)..:� - �.�- J jj High Density Residential ! A Mixed Use(HOR f Retail) rvRetaili Mixed Use(Retail!Business Park) iIf Parks f Open Space - .. r. '.v-- Rightaf-way ;I j water i QUADRANT I FUTURE LAND USE ACRES SF MF TOTALI >>603 TOTAL ACRES UNITS UNITS UNITS ROW .95 - - 0 ° >> 1 873 HOUSING UNITS NE A Retail 16.35 - - 0 142,448 / B Single Family Attached 6.59 56 - 56 0 ROW 5.22 0 0 >> NET RESIDENTIAL DENSITY: 5.9 A Retail 4.17 - - 0 36,332 NW B Multifamily Stacked 1.20 32 32 0 >> 1,358,443 SQUARE FEET RETAIL/ B Parks 2.20 BUSINESS PARK C Mixed Use(Retail/BP) 3.33 - - 0 43,561 D FMixed Use(Retail/BP) 12.03 - - 0 157,173 ROW 43.39 - - 0 0 »3,314 JOBS A Mixed Use(Retail/BP) 65.76 - - 0 859,352 B Parks 87.49 - - 0 0 ASSUMPTIONS: C Single Family Attached 14.09 120 - 120 0 D Retail 5.25 - - 0 45,780 RESIDENTIAL LOW HIGH AVERAGE E Retail 4.24 - - 0 36,903 Traditional Single Family 2.00 3.00 2.50 F Multifamily Stacked 6.90 - 186 186 0 Small Lot Single Family 3.00 5.00 4.00 G Mixed Use(HD/Retail/ 6.78 - 91 91 36,893 SingleFamiiynaacned 5.00 12.00 8.50 Office) Multifamily Stacked 24.00 30.00 27.00 H Multifamily Stacked 7.95 - 215 215 0 Mixed Use(HDR Portion) 24.00 30.00 27.00 1 Traditional Single Family 79.09 198 - 198 0 J Traditional Single Family 20.58 1 51 - 51 0NOW PARK FAR FAR FAR S.F.PER S J I Small Lot Single Family 13.76 1 55 1 55 RESIDENTIAL DEDICATION LIEMPLOYEE J Parks 8.30 - - 0 0 Retail 0.10 1 0.15 1 .25 1 .20 250 Use K Traditional Single Family 32.13 80 - 80 0 Mi xed(Commercial 0.10 .20 .30 .25 500 K Small Lot Single Family 20.41 82 - 82 0 portion) K Single FaTilly Attached 7.19 61 - 61 0 K Parks 2.86 - - 0 0 L Small Lot Single Family 18.79 75 - 75 0 M Parks 21.00 - - 0 0 N Single Family Attached 23.36 1 199 1 199 0 0 Small Lot Single Family 15.80 63 - 63 0 P Single Family Attached 14.15 120 - 120 0 Q Small Lot Single Family 17.39 70 - 70 0 Q Single Family Attached 13.97 119 1 119 0 THE MASON HOMES a D.R. Horton Company AMERICAN CLASSIC _ HEARTLAND COTTAGE r 16 MIY1a - y �� oY V.n 00 NORTHERN CRAFTSMAN THE MASON 1575 SQUARE FEET MAIN LEVEL El 3 El uuu OPTIONAL O CORNER FIREPLACE PORCH III --------------------II -------- LOWER LEVEL I UNFINISHED I CRAWL SPACE I (b&00I LAUNDRY/ UNFINISHED Ij-0 j MECHANICAL CRAWL SPACE ;r FUTURE ROOM [TUTU _ O 1 m•❑ O O UNEXCAVATED Our policy of continuous improvement requires the listed specifications be subject to change without prior notice. Floor plans L=1 and renderings are an artistic concept only and may vary.Copyright©2017 D.R. Horton,Inc.All rights reserved. MN eLDR LIC BC6056S7 THE RUSHMORE HOMES a D.R. Horton Company . ?� t .- Yom:- .• - '� .. .. AMERICAN CLASSIC HEARTLAND COTTA ¢ + xy ti III 9 N _ 4 _ •_...i FIS - ilia NORTHERN CRAFTSMAN - THE RUSHMOfU 1915 SQUARE FEET OPTIONAL CORNER FIREPLACE MAIN LEVEL lel 0 W.I.C. El III NMI PORCH ® LOWER LEVEL UNFINISHED CRAWL SPACE I UNFINISHED LAUNDRY/ CRAWL SPACE I MECHANICAL l ROOM m •❑ 0 0 I -�l O M M ------------- Our policy of continuous improvement requires the listed specifications be subject to change without prior notice.Floor plans tius Q 3010 REV 4/17 and renderings are an artistic concept only and may vary.Copyright©2017 D.R.Horton,Inc.All rights reserved. MN sL'oR LIC BC605657 THE BRYANT HOMES a D.R. Horton Company 1 _ � J ---Jf I .JJ AMERICAN CLASSIC HEARTLAND COTTAGE lit nr �jr �� snna•i..r.,.s=n�i..,�. AMAf�4+�11MtTTi YY.�rtNl^+nl , 'Y t r - NORTHERN CRAFTSMAN THE BRYANT 1995 SQUARE FEET OPTIONAL Q n ® MAIN LEVEL CORNER 1 l FIREPLACE 11 3 W.I.C. W.I.0 lel PORCH E� C I f I FJ us !i LOWER LEVEL UNFINISHED CRAWL SPACE Q' �0�'' UNFINISHED CRAWL SPACE UNFINISHED FUTURE+ LAUNDRY '.BATHROOM 1 m . 00 UNEXCAVATED Our policy of continuous improvement requires the listed specifications be subject to change without prior notice.Floor plans L=1 3015 REV 2117 and renderings are an artistic concept only and may vary.Copyright©2017 D.R.Horton,Inc.All rights reserved. MN ELOR LIC BC6056s7 HOMES THE EVERETT a D.R. Horton Company 40000 .r .+I AMERICAN CLASSIC HEARTLAND COTTAGE - '• '4�. �.+ _ -ahs__ _ te., . j „rJ NORTHERN CRAFTSMAN THE EVERETT 2,218 SQUARE FEET OPTIONAL �Q MAIN LEVEL CORNER FIREPLACE ® 0 J=-G W.I.C. J=4� E� FLEX 11 ROOM C PORCH ❑° LOWER LEVEL UNFINISHED CRAWL SPACE 0 FUTURE- ATI UNFINISHED ® —� = CRAWL SPACE LAUNDRY/ MECHANICAL ROOM m • O ❑ O UNFINISHED CRAWL SPACE UNEXCAVATED Our policy of continuous improvement requires the listed specifications be subject to change without prior notice. Floor plans L=1 M s MM and renderings are an artistic concept only and may vary.Copyright©2017 D.R. Horton,Inc.All rights reserved. MN eLDR LIC BC6056S7 B-B-HORMN ' -� THE EASTON (r1 El - ^ �' �� � A AMERICAN CLASSIC HEARTLAND COTTAGE :A0 .- 4 ��. E NORTHERN CRAFTSMAN THE EASTON 2844 SQUARE FEET W.I.0 00 11 3( PANTRY W.I.C. JE 77 77 A I] I[ � z 11 3 El 3 Ll PORCH OPTIONAL OPTIONAL OPTIONAL OPTIONAL GAS FIREPLACE STUDY PRIVATE BATH JACK AND JILL BATH PLUS HALL BATH r w aZ Om V FZ 0 11-B-HOMN AMeW&eV-15; 0W*ik$�?r Our policy of continuous improvement requires the listed specifications be subject to change without prior notice. Floor plans Q wcs w; and renderings are an artistic concept only and may vary.Copyright©2016 D.R. Horton,Inc.All rights reserved. MN BLOR uc BC605657 B-B-HOUMN ' THE HARRISO ........................ AMERICAN CLASSIC HEARTLAND COTTAGE r �f VIN. -. - - - -NEW NOR MEN y anow NORTHERN CRAFTSMAN - - -- _ t- 101- • • • :•• • �� •' • • THE HARRISON 2522 SQUARE FEET CI Q l� W.I.C. OPT 2ND SINK LAU N DRY OPT SINK/ CABINETS PANTR III III GAME r ) ROOM MEMO- PORCH ■ ■ OPTIONAL OPTIONAL OPTIONAL OPTIONAL GAS FIREPLACE SUNROOM WALK-IN SHOWER STUDY IN OWNER'S BATH 11-B-HOMN@ AMeW&eV-15; 0W*ik$�?r Our policy of continuous improvement requires the listed specifications be subject to change without prior notice. Floor plans Q wcs w; and renderings are an artistic concept only and may vary.Copyright©2017 D.R. Horton,Inc.All rights reserved. MN BLDR uC BC605657 D-RHORMN '- THE JORDAN A #s ■ I r - AMERICAN CLASSIC HEARTLAND COTTAGE ni �•i:;�r i�._ •� - 'i]kyr:'� :.R biz 1F .cu tr:wi: NORTHERN CRAFTSMAN THE JORDAN 3003 SQUARE FEET W.I.C. U) 111 0 GAME ROOM W.I.C. LAUNDRY p PTBENCH W.I.C. 011111111 W.I.C. PTBENCH / 1 ® W.I.C. -lam W.I.C. PORCH III ISI OPTIONAL OPTIONAL OPTIONAL OPTIONAL GAS FIREPLACE BUTLER'S PANTRY WALK-IN SHOWER STUDY IN OWNER'S BATH W.I.C. �z �Q �z �Q WW.I.C. B-B-HORMN ' Our policy of continuous improvement requires the listed specifications be subject to change without prior notice. Floor plans Q wcs w; and renderings are an artistic concept only and may vary.Copyright©2015 D.R. Horton,Inc.All rights reserved. MN BLOR LIC BC605657 B-B-HORMN ' THE REDWOOD A"i E AMERICAN CLASSIC ' ■ HEARTLAND COTTA _ r Zti- . _It NORTHERN CRAFTSMAN THE REDWOOD 3084 SQUARE FEET Q OPT CABINETS ® W.I.C. �G Irl COMM CENTER � 0 N W.I.C. o OPTSINK/ EE 31 [) ;CABINETS UNDRY GAME ROOM W.I.C. PORCH OPTIONAL OPTIONAL OPTIONAL OPTIONAL GAS FIREPLACE WALK-IN PANTRY JACK&JILL PLUS WALK-IN SHOWER HALL BATH IN OWNER'S BATH 0 o¢ ou lel 0 0 W.I.C. zw oz a¢ o� OPTIONAL LINEN CLOSETS OPTIONAL SEE-THROUGH GAS FIREPLACE I f r D-R-HORTON ® 4A * .# "WPtca;.s: SW4;!�&r Our policy of continuous improvement requires the listed specifications be subject to change without prior notice. Floor plans Q and renderings are an artistic concept only and may vary.Copyright©2016 D.R. Horton,Inc.All rights reserved. MN BLDR LIC BC605657 B-B-HORMN ' THE GRAHAM Ali La - aid I'll. ti AMERICAN CLASSIC HEARTLAND COTTAG Awk 410 1� f ipt p� �_ - - �•_ NORTHERN CRAFTSMAN_ THE GRAHAM 2750 SQUARE FEET MAIN LEVEL UPPER LEVEL OPT SINK/ CABINETSFE •-- Q LAUNDRY OPT BENCH OPT 2ND SINK W.I.C. W.I.C. GAME F111 ROOM C 1=G OPTIONAL OPTIONAL CORNER GAS FIREPLACE WALK-IN SHOWER IN OWNER'S BATH Q RRHOMNO AMeW&eV.15: OW*ik$�?r Our policy of continuous improvement requires the listed specifications be subject to change without prior notice.Floor plans Q wcs w; 5485 REV 3/17 and renderings are an artistic concept only and may vary.Copyright©2017 D.R.Horton,Inc.All rights reserved. MN BLDR LIC BC605657 B-B-HORMN ' THE GRANT oil muml jv I; AMERICAN CLASSIC HEARTLAND COTTAGE 4 = 41. I• r I a. G Y: _w _ NORTHERN CRAFTSMAN THE GRANT 2553 SQUARE FEET c1E 3 c PANTRY W.I.C. OPT BENCH ® Zw co EE loon' �Z OPT BENCH O Ou FRONT PORCH ka III OPTIONAL OPTIONAL OPTIONAL GAS FIREPLACE OWNER'S BATH WALK-IN SHOWER IN OWNER'S BATH F- w aF7 zz Om u F- F- F- 0m u D-R-HOMNO Our policy of continuous improvement requires the listed specifications be subject to change without prior notice. Floor plans Q wcs w; and renderings are an artistic concept only and may vary.Copyright©2015 D.R. Horton,Inc.All rights reserved. MN BLOR LIC BC605657 -JFN H KOM D.R. „ DECK MAIN LEVEL _ 'RN 1.1 EE 3 Now Or 0 L ............. 10 110 10 THE CALLAWAY v END UNIT O Base Price $302,900 3 Bedroom, 2.5 Bath 1 ,993 Square Feet STUDY THE RILEY INTERIOR UNIT * Windows in exterior unit only. Base Price $292,900 ** Windows configuration per plan. 3 Bedroom, 2.5 Bath 1 ,993 Square Feet Details and dimensions are approximate and may differ from actual plans.Standard and optional features may vary.Prices and availability subject to change without ^ notice.Measurements are approximate. MN Bldr Lic BC605657. THE CALLAWAY/ RI LEY 1993 SQUARE FEET LOWER LEVEL UPPER LEVEL FUTURE BATH ........... 0 UNFINISHED MECHANICAL ROOM wic 0 IT ......................................... LAUNDRY ROOM H-R-HORTON ® Our policy of continuous improvement requires the listed specifications be subject to change without prior notice. Floor plans ® MLS- and renderings are an artistic concept only and may vary.Copyright @ 2017 D.R. Horton,Inc.All rights reserved. MN'BLDR LIC BC605657 A.2. H+ T OPE Shakopee City Council April 18, 2017 FROM: Kyle Sobota TO: Mayor and Council Members Subject: Final Plat of West Vierling Acres Second Addition Policy/Action Requested: Offer a motion to approve Resolution No. 7864, a resolution approving the Final Plat of West Vierling Acres Second Addition, and move its adoption. Recommendation: Offer a motion to approve Resolution No. 7864, a resolution approving the Final Plat of West Vierling Acres Second Addition, and move its adoption. Discussion: Tim Grabow of Hometown Bank has applied for the final plat of West Vierling Acres Second Addition. Hometown Bank is planning the construction of a 6,600 square-foot bank branch on the 1.39 acre Highway Business (B-1) zoned lot located north of the Hy-Vee grocery store and adjacent to Vierling Drive West. The submitted final plat shows a name of Hometown Bank Shakopee Addition. Since the proposed final plat is part of the West Vierling Acres plat, the City is requiring that the name be changed to be consistent with the approved preliminary plat. The applicant is proposing a bank with a drive-thru window with an area marked for a 2,000 square-foot future expansion area on the east side of the building. Banks and drive-thru facilities are permitted uses in the B-1, Highway Business zone. The lot is currently an outlot, no additional right-of-way or public infrastructure is required at this time for the development of this lot. The vehicle access to the lot is from the private driveway system of the Hy-Vee development with access on west side of the lot aligning with the exit of the Hy-Vee carwash and access on the south via the existing private drive. Bicycle and pedestrian access is from the sidewalk along the private drive along the western lot line, which the applicant is proposing a connection to. On the proposed site plan, the applicant is proposing a larger amount of surface parking than is required by City Code. Staff is recommending the removal of the two northwestern parking spaces to eliminate conflicts with the one-way drive-thru traffic. Stormwater runoff and treatment will be handled by the ponding areas already constructed for the Hy-Vee development. All other building and performance standards will be reviewed at the time of building permit application. Staff recommends approval of the final plat, subject to conditions in the draft resolution. Budget Impact• N/A ATTACHMENTS: Location Map a ALTA Survey and Draft Site Plan a Proposed Final Plat a Resolution No. 7864 Title 0 H enn as Av 1 inch= 752 feet i SHAKOPEE March 20,2017 Map Powered by DataLink s = s z =v 90 s om a a q.§`s His! 1 of ! yNfr I : Nil M Zcin _ 8s € `ePa "N�A�3 Z F $a E a 8k NE a, >i o HP E 9a d N a F 8 top, 3� � of.¢ Y � 6`ga s @ark %�� x6� .Sv ._`fi Q"'°z�iWF ' :SIN g8 ^� E =a Sm s" spy i`& - mi uih3hs�w 1 ]SIN � �,� a € _ S �' R o a" N. 5� ks� n m do0� R a s d as - g_ N a E a y= a^ v 4- vp a Y MH sas�S' `? 6 s? m fire a E= y9 ery^ E sa _ as \ u r 8 e O n a s 5o a 8 m a $, Sz'i,° a„ `xo 8 ML;- $ € 58 fr f� P '� � J a'� Es ao61 egh S?::3a3 0 a 8 ��xuT `_ .a .r _S 4 8 ._ J r7 �= ee " moo' d'tle -tea fang �C Z o PSE ! "i fr = Na O Sia l no P z s'sE �MINI is E �E �d eE S sP� 8 W a` 1"; " "n p.N "e�E 'a �o $s "s` ' 0110101_ `fry 1% �swo E' p; 'I a£ -r � H P s�aao rn - a $xo ,.$€ eE- efras a 4 O" m ='muss € xs ` c8 a s"sssfi=as ° to= a s6 x $ s.os No zH is ug '8,R a P <� :g - VE -ve- Q U _ �;o � 1g 8„ s� 's eg a s w c• ' fie~" gea€ O W`s fr AND fa ' 9^ % 9 „8 '€_� 2 F�2 - :57 N`Y. 8�E_ m®®® J O = WWI IapteNey ) _ N' a^E. ill �P98 €se Q J EF @ c Soul da,`'. z. €l Z X 0 0 W F 8€=x 5 e8 s � :E e<.x 1 ERSe 8 5s' in m yr Lmo zpa w c ty r rn / n o,,a � ��, <<-►tact 3tzuoN_— — n E R a. a = Aisle T- ai m N CL 3$ _- mP W W Q �� �I 1 1 1 1 1 1 I � _ Q II P� i m z V) 41om� � � � � � � � � � � � z� _� w ` o aan-AN b�'S6l 3NI'1 A1d3d021d r___-_-_________----_-______________________....................................................... ;rte / ; 1 ----------'1 iY3ggfarts iq g ofs NA JO Nq 0 ? r IN £ O /j IHJ LLI -a a O z o g � x w � 0000000000 �� sm w � n f a E Q � � C m � O wx / wx —roar tsau suror swrn3H 3LZ,fZON r W o —r / / G G f i t U Z N N � G o - / Q I i m r4 �W uj r- I / W Y. u Z 5a $ MQa 56 8 a 11 i � W � g - -A 1 - Ka o _ aEO RESOLUTION NO. 7864 A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA, APPROVING THE FINAL PLAT OF WEST VIERLING ACRES SECOND ADDITION WHEREAS,Tim Grabow of Hometown Bank, applicant and Hy-Vee, Inc., property owner, has filed an application for the Final Plat of West Vierling Acres Second Addition. WHEREAS,the property upon which the request is being made is legally described as; Outlot C,West Vierling Acres First Addition, Scott County, MN WHEREAS,notice was provided and on August 4, 2016, the Planning Commission held a public hearing regarding the Preliminary Plat application, at which it heard from City Planning staff and invited members of the public to comment; and WHEREAS,the City Council heard from staff and the applicant regarding the West Vierling Acres Second Addition Final Plat at their meeting on April 18, 2017; and NOW THEREFORE, BE IT FURTHER RESOLVED by the City Council of the City of Shakopee, Minnesota that the Final Plat of West Vierling Acres Second Addition is approved, subject to the following conditions: L The following procedural actions must be completed prior to the recording of the Final Plat: A. Approval of title by the City Attorney. B. The applicant must provide an additional five (5) feet of drainage and utility easement north of the existing 5' easement along the southern lot line. All perimeter easements shall be 10' in dimension. C. The applicant must re-name the final plat West Vierling Acres Second Addition. F. Provide electronic files (AutoCAD and Portable Document Format) of the Final Plat to be recorded with datum on the Scott County coordinate system. G. The applicant shall meet park dedication requirements by providing cash in lieu of land dedication. Park dedication fees must be paid in the amount required by the City Code and adopted City fee schedule at the time of the recording of the final plat. The applicant must submit a calculation to the Parks and Recreation Director of the acreage of the lot and the acreage of public drainage and utility easements on the lot to determine the exact park dedication fee. H. All existing and additional easements must be shown on the Final Plat as approved by the City Engineer. 1 II. The following conditions need to be addressed/completed prior to approval of a grading permit and/or a street and utility plan: A. The applicant will apply for and receive approval of a grading permit for the balance of the site, as proposed on the approved plans, in one (1)phase within one (1) year from the date of approval of the grading permit application. Grading is defined as bringing the site to the proposed finished grade with materials deemed acceptable by the City of Shakopee engineering department, providing topsoil per City requirements and applying seed, mulch and/or sod per City requirements and providing an as-built record grading plan per Section 2.5 of the City of Shakopee Design Criteria. If the grading is not completed within one (1)year from the date of approval of the grading permit, a new permit will be required. IV. Following approval of the final plat, the following conditions need to be addressed/completed prior to the issuance of a grading or building permit: 1. Any future trash enclosure on this lot must be constructed of the same building materials as the principal structure and have a roof. The proposed enclosure must meet the setbacks from lot lines for accessory structures. 2. Any future freestanding signage must receive sign permits and be a monument type design. 3. The parking stall depths shall be reduced to 18'. 4. The applicant must provide a bike rack near the main entrance of the building meeting APBP guidelines with a rated capacity of 4 bicycles to comply with the West Vierling Acres PUD. 5. Pedestrian ramps must be provided at all appropriate entrances to sidewalks. 6. The applicant must remove the two northwesternmost parking spaces, as they conflict with the one way traffic flow of the drive-thru. 7. The applicant must place "Do Not Enter" signage where the the two-way drive aisle west of the building and the one-way drive-thru meet. 8. The applicant must provide a sidewalk connection to the main entrance of the building to the sidewalk along the private drive on the west side of Lot 1. 9. The areas along the perimeter private drives and Vierling Drive must remain greenspace, not impervious materials, such as landscape rock or pavement. 10. Landscaping and required screening along parking and drive aisles must comply with City Code. 11. The applicant must pay the appropriate engineering related fees. 12. Landscaping requirements shall be calculated at time of building permit application. The landscaping units are based on the gross floor area, per City Code. 13. Landscaping in drainage and utility easements will need to be in compliance with the most recent version of the City of Shakopee's Easement Fencing and Landscaping Policy. Adopted in regular session of the City Council of the City of Shakopee,Minnesota,held the day of ,2017. Mayor of the City of Shakopee Attest: Lori Hensen, City Clerk 2 B.I. ST-TAKOPF.F. Shakopee City Council April 18, 2017 FROM: William H. Reynolds, City Administrator TO: Mayor and Council Members Subject: 2017 City Council Mayoral Liaison Appointments Policy/Action Requested: Adopt the recommended 2017 mayoral liaison appointments. Recommendation: Approve mayoral liaison appointments as presented. Discussion: Discuss and approve the recommended changes to the 2017 City Council mayoral liaison appointments. Budget Impact• None. ATTACHMENTS: 2017 Liaison Appointments 2017 City of Shakopee Liaisons. * equal top desirable liaisons. Updated 4/1/17 FINAL *SPUC: First and Thirds Monday-5PM - SPUC HQ. Matt *MVTA: Third Wednesday 4:30PM - Burnsville Bus Garage, 11550 Rupp Dr., Burnsville.Jay *SCALE: Second Friday of the Month. Prior Lake City Hall 7:30AM. Bill *SDA: Last Thursday of the month time and location unknown. Kathi *Main Street Shakopee: Various dates, locations and times.Jay *169 Corridor Coalition Board: Various dates and times. Matt *169 Mobility Study Policy Advisory Committee: Kathi *Shakopee ISD: Second and Fourth Mondays at the District offices. Mike *Interview Committee: Several nights—March—April—time as assigned—Kathy& Bill *Shakopee Chamber: Various dates, locations and times. Mike **Metro Cities: Third Thursday of the month. 6PM - 145 University Ave W. St. Paul, MN. Bill R now board member **SCALE: Liaison only if no board member: Second Friday of the Month. PL City Hall 7:30AM. Bill M. **IWG: Administrators and staff. Mayor's once a quarter.Thursdays once a month -SMSC PW Facility 2:30PM. Bill R **MLC: Meets Quarterly. Dates and Times unknown. Bill R & Mayor Community Center Select: Various dates and times.Jay-ending May Rail Road Committee: Has not met in over a year. Mike & Matt: Moving to Ad Hoc Suburban Transit Authority:This board is made up of the Op-out transit authorities Executive Directors and their staff: SW Transit, MVTA, Maple Grove Transit and Plymouth Metrolink. Meets (11:30 a.m. - 1 p.m.) - 525 Park Street, Suite 130, St. Paul, MN. We have a seat at the MVTA and the Admin attends these meetings Suburban Transit Technical Review Board -Ad-hoc of the STA. Non- Liaison Positions Vice Mayor— Jay EDA President—Matt Boards which we have a Sitting Board Member, In years with no sitting board members a liaison will be appointed. Appointed Boards: Bill R. IWG, Metro Cities. Bill M. SCALE Equity Count: Jay 3 - MVTA& Main Street Shakopee (Going to 2 after CCenter Committee ends in May) Mike 2 - ISD & Chamber Matt 2 - SPUC & 169 Corridor Coalition Board Kathi 3—SDA& 169 Mobility Study Policy Advisory Committee. Infrequent: Interview Committee Bill M 3—SCALE (Board member), MLC (2 meetings per year) & Irregular: Interview Committee. Councilors are expected to attend their assigned liaisons and report back to the council as needed. This list is designed to be more simplistic, eliminate duplication, bring efficiencies and be more effective for all. Over the years this list of liaisons has grown and contracted as needed. Some of these boards are for City Administrators and/or staff and not intended to have elected officials be a liaison. A. SHAKOPEE Shakopee City Council April 18, 2017 FROM: Jamie Polley TO: Mayor and City Council Subject: Community Center Membership Fees Policy/Action Requested: Accept the Parks and Recreation Advisory Boards (PRAB) recommendations to wait to make any changes to the membership fees until January of 2018 and to not offer individual amenity memberships. The PRAB also recommends that the City Council discuss the ultimate goal for the membership fees and identify how to achieve the goal. Recommendation: Discuss the goals of the Community Center membership rates and provide staff with direction on how to achieve the goals. Discussion: The City Council approved a Community Center membership fee increase as part of the 2017 Fee Schedule. The fee increase was effective on March 15th. At the time the City Council approved the fees, they viewed the initial increase as an introductory rate and directed staff to further evaluate the fees and determine a rate that would best reflect a fully completed Community Center. Staff reviewed the process of how the March 15th rates came to be and further evaluated the fees of Community Centers comparable to Shakopee's. The March 15th increase was a 50% increase for family memberships and a 40% increase for all other memberships. The proforma completed during the feasibility study of the project had suggested a 70% increase for family and 25% increase for all other memberships in the first year. The Community Center will be completed at the end of June and that is when all members, current and new, will first be able to experience the added amenities. The direction from the City Council when the fees were first being evaluated was to stay affordable yet competitive. The current rates are still affordable and competitive and they will help to build a strong membership base. It is important however to have the membership fees reflect the amenities that the community is getting for their fees. Staff put together a proposal of rates that are more competitive with our surrounding comparable Community Centers and presented these rates to the Parks and Recreation Advisory Board (PRAB) on April 10, 2017. The proposed rates reflected the following increases over the current rates: 22% for family, 17% for adult, 30% for youth/senior/military and 50% for adult +1 (See Attachment A). The PRAB had a lengthy discussion on the proposed rates and raised very good questions that the City Council should consider and offer feedback on. The questions included; What is the ultimate goal for our rates? Where do we ultimately want them to be? When do we want the rates to be there and how do we get there? The PRAB felt that the family membership was too low, however until a goal is determined, they could not make a recommendation on the amount. The board also had a lengthy discussion on how much and when the fees should be increased. A larger initial increase has benefits because the facility is new and the added amenities are now available, however a gradual increase also has benefits to retain existing members. The PRAB unanimously moved to recommend to the City Council that any rate increase should not be implemented until January of 2018. In addition to the reasons that staff had provided, the PRAB felt January is the time of year when more memberships would be sold due to New Year's resolutions rather than in July during the summer. Staff s additional recommendations for a January increase included: • Current rate is an introductory rate meant to help build the membership base and from March 15-July no new amenities are available for these members. • Rates should build trust in our members. Minimal increases were made in the past because there were no new amenities or services to offer. The completed Community Center will get the city caught up on amenities. Prices should be changes strategically so the rates do not outprice members to quickly. • Community Center operations will changes and time is needed to give staff the ability to get used to the changes, work out hiccups, build staffing and manage operations to provide the best quality service possible. • Fee changes require additional staff time to manage and track multiple membership packages and multiple monthly rate for members. • Perception of the community. Pool Membership The City Council has also asked to see a separate membership fee for use of the pool. The PRAB discussed the concept of a separate pool membership. They then discussed other possible separate memberships that could include fitness center only or gyms only. The PRAB concluded that they did not feel that having a separate membership for different amenities would be desirable with all of the other amenities included in a membership, for example families would most likely want the pool and indoor playground, adults that swim would also use the fitness center or fitness classes. The PRAB moved to recommend that the city not offer specific amenity memberships. Budget Impact• Increasing the membership fees to reflect the amenities added to the Community Center is projected to have a positive impact on the membership revenues. The community is excited about the renovated Community Center and the enhanced amenities the city has to offer. Prior to the advertisement of the March 15th price increase there were 1,175 membership packages sold consisting of 2,817 members. As of April 13th there is a total of 1,573 membership packages sold consisting of 4,095 members. This is an increase of 398 membership packages made up of 1,278 members since January 21, 2017. We are on track to meet or exceed our membership revenue goals for 2017. ATTACHMENT S: a Membership Fee - Completed Community Center d d c +' a+ •O C !• aaj fa 1� N M M cu O +' CL \ \ \ \ a fa O .? E Ln M O O E EV O L p c-1 1- M M O L Q u 1, � rn rn u O u \ Ln \ 0 3 a, 0 00 3 a, c a, � rn � � qt .a Ln Ln Ln .a o o m a aj FA 0 O M O^ N N W N 0 O � i C M m Ln Ln n n (AQ� O Z t0 N N Ln N O Z N W* w w N ... L Q u Ln M N N Q \ \ \ \ \ \ \ CL t0 W* N N Ln N �"� p vL 0 0 0 0 0 0 p VL \ \ \ \ \ L N t0 O O L N Ln Ln Ln Ln O v d OC Ln M N N ii d OC Ln M N N Ln I 0 vL 0 Ln 0 Ln Ln Ln 0 0 N N0 L ^E Ln N N N U a � a� Z; E M O O c W 0 Ln Ln Ln Ln CC L +. '� O O w 00 r- 4--) r•I N G Z L- J -tl N c-1 c-1 c-1 •— \ \ O Ln Ln O P•I P•I � L M OLn M u Ln O L.0 L.0 O Ln aJ tA 1-0 l0 O N LA l0 Cp 6F1 6F1 .�-I -i U) c-I O Ln O c 0 I� n n N O C N N N rl O �a Z Ln Ln N N N m Z o0 M Ln Ln 1l O O u (A N c n M M 1l n " (A \ \ N N \ O O O (, aj N r1 00 w rI Ln u w 0 0 rl m �o cu OC M c-I c-I M c-I OC M c-I c-I M aJ N O 00 00 al 'L r1 � c-I r1 M 4' _ >- v M o00 0 0 0 o Q r_ O l0 l0 l0 N aJ m M 111 111 0) C m O 111 -ti- -ti- 0) co W cI M M rl rn rn u O M 00 6 r1 aJ O O 00 fa 111 ern 1l n O \ N N 111 \ N � \ \ \ \ } U M O \ \ \ m M O c I N 111 �a LA c-I M M -: O O Ln 0 0 -1 N M t 00 1l rl r t - Z O M Ln Ln 0 0 ONO c-I i Z 0 O O M u 111 M N N ate.• O O 0 c-I � 00 N al N O (A Ln -- Ln Ln N Y 4- ♦'1 rj N Cj N O� c�-1 N c-1 ♦'1 rq N N -i -i N ,a Ln Ln Ln aj v O LO W* N N Ln N +' 21 CL LLca as+ W W* W* 000 a .� 3 p d Ln M N N _ O O O cu ; v Q > >- >- aj O N L rl aJ L rl CL + CL _ r 3 aJ YE '� a'' a�-J ,O �' O Y E +J ate-.• ,O �' 3 �' ate- ,O +J O i Q °} Q } nQ iQ }cn Q Ln M cn U- LLn Q M + � % k 2 E ° CL k f 2 E o e m m 2 2 a E -- -- -- - 7 R 2 CL u f % m m § QJ CL � e e e ± 2 § f § m m LnLn / R CL u -til m � rlj \ > « e b a u E & /� � \k f \ 0 . § ° E 2 2 > « / E \ § k � f \ � \ / \ % cu / / / m / M _ \ f $ 3 q $ $ $ \ % $ E e » ± CU cu ) \m / k u� \ �Ln / CL > / 0 / \ % % \ u > m -i -i -1 \ k g m q q $ / cu e cu% > M § / § QJbk � $ E / 2 cu 2 3 m ? ? \ f $ E ' § \ o c } § ° Co e e » \ / °Ln 00 % � k E § f o 0 0 m 3 a \ \ \ \ / % E R $ \ @ \ \ 41 _> E o � t L.D -tt CIA CIA 7 / 3 a Ln Ln Ln � } \ \ \ \ \ \ ® $ q m q q m rl rl E § m » m m m CO e e u / m � � / \ E y E E 2 \_ � u kG J C4 C4 G 2 E a & m r4 r4 Ln m $ E / 3 /\ n 3 CU M e ƒ t G & -0 2 t > CU to 0 I > _ + / / \ _ > » e k E e � ,E / / e + 2 3 E e : \ § 2 2 2 / \ $ / 3 ± + \ a- } 2 / \ $ > e B. H KOPPE Shakopee City Council April 18, 2017 FROM: Darin Nelson, Finance Director TO: Mayor and Council Members Subject: Review of Long-Range Forecasts for the Sanitary Sewer and Surface Water Enterprise Funds Policy/Action Requested: Build consensus towards both modifying the current working capital target balances and defining Sanitary Sewer and Storm Drainage utility rate structures. Recommendation: Modification of the current working capital target balance along with a restructuring of the Sanitary Sewer rates as presented in Scenario 3 of the attached document. No changes to the Storm Drainage structure or rate. Discussion: See attachment. Budget Impact• None. ATTACEMENTS: a Enterprise Funds Analysis Enterprise Funds Analysis (1)Sanitary Sewer Fund Background The City Council requested staff to take an in-depth analysis of the city's enterprise funds. Both the Sanitary Sewer and the Storm Drainage funds have had healthy fund balances over many years. Over the last few years the Sanitary Sewer Fund (fund) has seen a steady decline in cash balances. While a study on a rate analysis is necessary, an integral part of the study is to determine an appropriate cash balance level based on anticipated operating and capital expenditures. The goal of this analysis is to determine our current financial condition and to continue building upon our strong financial and operational foundation while maintaining moderate utility rates. The Metropolitan Council Influence The City of Shakopee participates in the Metropolitan Council Environmental Services (MCES) sewer system. This means that the city's sanitary sewer system flows to the MCES treatment plant and the city receives a bill from the MCES for the service. The city does not maintain its own sanitary sewer treatment plant. MCES allocates the cost of the metro area sanitation system to a user city based on the relative percent of the city's flow into the system. The MCES disposal charge is the single biggest expense in the fund and comprises almost 77%operating expenses, excluding depreciation. The graph below breaks out the sanitary sewer operating expenses. The city's portion operational costs shown in red and blue below remain relatively stable over the fourteen-year timeframe. The MCES charges is the main expense driver, increasing a projected$1.5 million from 2014 to 2027. Sanitary Sewer Operating Expenses 6,000,000 5,000,000 4,000,000 3,000,000 1 ' 2,000,000 1,000,000 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 ■MCES Charges ■Supplies&Services ■Personnel For 2017,the MCES charge for service is$2,578,100 and estimated to increase five percent to $2,707,000 in 2018. MCES has indicated that increases in the five percent range are expected for the next several years. Our analysis includes five percent MCES rate increases through 2021. For 2017,the MCES charge of$2,578,100 equates to a per thousand charge of$2.53 based on 1.2 billion gallons of water sales. The city's current sewer flow rate is$2.42 per thousand. The city is subsidizing users$0.11 for every thousand gallons billed. This structural imbalance needs attention. 1 Capital Outlay The second biggest expenditure in the sewer fund is capital purchases, most of which are designated for replacing and installing sewer mains under road reconstruction projects. Sewer lining projects and other rehab projects are also accounted for in these capital purchases. The City's overall sewer infrastructure system is in excellent condition. This will be highly advantageous in maintaining long-term modest sewer rates. As of 2016, 93 percent of the sewer system is comprised of lined, reinforced fiberglass or polyvinyl chloride pipe. Beyond 2021, infrastructure repair and replacement is expected to be curtailed significantly. The city's current rate structure includes a monthly flat fee of$6.50 per account. This flat fee is intended to cover infrastructure costs. The flat fee is expected to generate about$830,700 in 2017. The 2017 budget is anticipating$1,700,000 in capital expenditures. Capital outlay expenses ebb and flow as some years have more projects than others, so having one or two years of projects that exceed revenue coming into the fund is not detrimental. However, for the years 2014 thru 2020, actual and anticipated annual capital expenditures are averaging$1.35 million. Annual depreciation for the fund is approximately$825,000,which almost mirrors the anticipated flat fee revenue for 2017. Depreciation can be a tricky item. From a budget perspective, it is often easier and more understandable to ignore depreciation and just work with the items that affect the actual cash balance of the fund, such as capital improvement projects. Working Capital (Cash Balance) Technically speaking,working capital is current assets less current liabilities, but in general terms working capital typically refers to cash on hand. The city's current policy states that enterprise funds should maintain a working capital or cash balance of three to five months operating costs and to have at least as much as the amount of the fund's accumulated depreciation. Based on 2016 activity for operations and capital outlay, the funds working capital needs are about$16,000 per day. The city's current policy requires the fund to have approximately$15.8 million available in cash reserves. Based on the working capital needs of$16,000 per day,this equates to having enough cash on hand to operate for 1,095 days or three years. Researching best practices by the Government Finance Officers Association (GFOA) along with several policies within the metro and across the country, this amount of reserves is unprecedented. GFOA's best practices has issued general working capital benchmarks for enterprise funds, but as with any best practices benchmarks one size does not fit all and should be modified to meet each entity's specific needs. GFOA recommends that under no circumstances should the target for working capital be less than 45 days. Below are several key items to consider when establishing a working capital guideline: • Cash Cycles—Cash cycles are consistent with sewer billings with collections occurring monthly. Monthly cash flow enables the fund to cover our operating and capital outlay. Capital outlay expenditures typically occur in the summer and fall, which requires additional cash needs. • Expense control— If there is a dramatic decrease in revenues, how much control does the city have in adjusting fixed or variable expenses? MCES is a fixed annual fee,the city has control 2 over capital outlay and operating costs outside of MCES charges. Future years' capital projects can be more easily shifted or delayed. • What is the age and condition of our infrastructure? Age and Infrastructure is in above average condition with future capital outlay expected to decrease. • Debt position—Very fortunate not to have any outstanding enterprise debt. • Rate control—The City Council has control over setting sewer rates versus having some other oversight board controlling rates. We have the benefit of local control. Based on the city's goals and historic practices of maintaining reasonable rates and not relying on continuous debt issuances for capital outlay,the sewer fund's working capital target will be higher than a lot of other cities. Cities that issue debt regularly will rely upon bond proceeds to cover annual capital outlay. The city's goal has been and should continue to be that routine capital outlay projects be funded with cash reserves. The definition of routine capital outlay is normal sewer reconstruction related to street projects, sewer lining projects and other rehab type projects. If the city were to have the need to replace or reconstruct something outside of these type of capital projects that puts a severe strain on cash balances moving forward, bonding may be a necessary option. This type of project will most likely be something that benefits future users of the system as well. So rather than having current users paying increased rates to fund a nonroutine project that may or may not happen, it may be prudent to have the actual future users of the system pay for a project of this nature through bonding. Fortunately, the city's infrastructure is in above average condition. One project our City Engineer Bruce Loney is keeping an eye on is the force main from L16 to the Blue Lake Treatment Facility. The scope of work and timeline are not known and may not happen for several years, but this is a type of project that may put excess burden on the fund's working capital. It is anticipated that as new developments come on-line, developers will be responsible for paying and installing new infrastructure. Trunk sewer fees are also expected to cover the cost of any needed infrastructure oversizing. Staff is recommending the sewer fund's working capital target a range between 50 and 100 percent of operational expenses excluding depreciation expense plus 10 percent of accumulated depreciation. The policy should also account for the current year's debt service (if any). This level of working capital is anticipated to provide between 270 and 425 days of working capital. As previously mentioned, the higher working capital will allow the city to pay for routine capital outlay on a cash basis and weather the ebbs and flows in capital expenses each year. For 2017, the working capital target would range from $3.1 to $4.8 million. The anticipated cash balance at December 31, 2017 is$6.7 million. Rate Analysis The Sewer Fund is projected to have an end of year cash balance above the proposed target ceiling. As mentioned earlier,the fund is subsidizing users on every unit of sewer sales. This subsidy will continue to erode the cash reserves until it is eliminated. I am providing the council with three different scenarios which analyzes the cash balances against the working capital target range. 3 The assumptions for all three scenarios are the same and the include: • Residential usage is 6,000 gallons per month • Annual MCES disposal charge increases of 5%for 2018-2021, 3%thereafter • City inflationary costs of 3% • Growth of 100 residential units in 2019, 75 units in 2020 and 50 units per year thereafter. o The addition of 100 residential units in 2019 would result in only$27-28,000 of new revenue, with about 70%of this revenue directed toward MCES charges. 100 units is less than 1 percent of our total customer base. • Capital outlay beginning in 2021 is curtailed due to the decrease in need for sewer rehab. Scenario 1 The first scenario continues the current rate structure with a slight modification. The flow rate is adjusted to match the flow rate charged by MCES. Rather than subsidizing users by the current$0.11 per thousand,the city would breakeven. The fixed rate would remain at$6.50 per account per month with $0.50 increases every five years. The fixed rate revenue would continue to match the annual depreciation expense. Depreciation expense is not a cash outlay so in essence the fixed revenue is paying for the yearly capital outlay and any city operating expenses outside of depreciation and the MCES disposal charge. In the chart below,the annual rate increases are included above each year along with the annual percentage change in sewer billings for an average household utilizing 6,000 gallons of water per month. 2018 experiences a 6.6%or$16.56 annual increase due to the elimination of the MCES subsidy. Thereafter rate increases are mostly driven by MCES disposal charges. In this scenario cash balances are quickly depleted with a serious deficiency in operational solvency. Sewer Utility Fund Cash Balance Projections Funding MCES& Depreciation Only 2014-2027 $14,000,000 $12,000,000 $10,000,000 $8,000,000 $6,000,000 $4,000,000 $2,000,000 0.0'9/6 11.6% 8.191. 6.6% 3.58/o 3.6% 3.7% 4.2% 2.3% 2.0% 2.2% 2.4% 3.9'9 $- $24.24 $18.96 $16.56 $9.36 $10.08 $10.80 $12.48 $7.20 $6.48 $7.20 $7.92 $13.20 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 -Projected Cash Balance -Cash Floor-6 mos ops/10%Accum Depr Cash Ceiling-12 mos ops/10%Accum Depr 4 Scenario 2 The second scenario splits the traditional flow rate into two separate categories, a city flow rate and an MCES flow rate while matching the fixed rate to the number of households divided by the annual depreciation expense. Staff has noticed that cities are beginning to adopt this second flow rate that is directly attributable to MCES into their rate structures mainly due the high proportionate share of the operational costs that is not in the city's control. Operational costs for this scenario are phased in over several years with full funding not achieved until 2027. The MCES rate is fully funded in 2019, the flat rate in 2022 and the city rate not until 2027. The yellow highlighted numbers are the years the specific rate type is fully funded (revenues supporting all expenses). The city rate increases$0.10 per thousand per year until 2027, after which the rate increases moderate to about$0.02 per year. The below table provides partial look at the proposed change in rate structure along with projected rate increases. Actual Actual Estimated Budget Projected Projected Projected Projected Projected 2014 2015 2016 2017 2018 2019 2020 2021 2022 Gallons Disposed per MCES (in millions) 1,225.5 1,155.6 1,040.5 1,037.6 1,040.6 1,044 1,047 1,050 1,053 Custumer Count 10,500 10,627 10,650 10,650 10,650 10,750 10,825 10,875 10,925 Sewer Billings Gallons Billed (in millions) 967.4 1,000 1,020 1,020 1,027 1,033 1,036 1,040 Rate($per 1,000 gallons) 2.07 2.07 2.24 2.42 - - - - - City Rate($per 1,000 gallons) - - - - 0.10 0.20 0.30 0.40 0.50 MCES Rate($per 1,000 gallons) - - - 2.53 2.55 2.78 2.92 3.07 3.16 Flat Rate per Household 5.00 5.00 6.00 6.50 6.50 6.50 6.50 6.50 6.87 This scenario like the first scenario, experiences a 6.6 percent increase in 2018. This increase doesn't eliminate the MCES subsidy but it does redirect$0.10 per thousand to the establishment of a city flow rate. Future rate increases are higher than in the first scenario, but are needed to maintain sufficient working capital. Sewer Utility Fund Cash Balance Projections Fully Funded 2027-Higher Flat Rate/Lower Flow Rate 2014-2027 $14,000,000 $12,000,000 $10,000,000 $8,000,000 $6,000,000 $4,000,000 $2,000,000 S- 0.0'0/O 11.6% 8.1% 6.6% 8.8% 5.9% 5.8% 5.5% 4.5% 4.1% 4.1% 4.1% 3.8% $- $24.24 $18.96 $16.56 $23.76 $17.28 $18.00 $18.12 $15.48 $14.76 $15.48 $16.20 $15.60 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 -Projected Cash Balance -Cash Floor-6 mos ops/10%Accum Depr -Cash Ceiling-12 mos ops/109/oAccum Depr 5 Scenario 3 The third scenario builds off scenario two by continuing with the split flow rates between the city and MCES, but makes a philosophical change in the fixed and variable rate structure. The city's flat rate is relatively high and has been traditionally used for capital related expenses. The city is now anticipating that future capital needs will decrease in future years, which begs the question should the flat rate reflect past or future capital needs. The higher flat rate also tends to be a higher burden on lower volume users of the system compared to high volume users. If we want to make sure that actual users of the system are paying for the costs of the system, it may make sense to lower the flat rate and increase the flow rates to better match operational and capital outlay expenses. The table below depicts this change in structure. Again, numbers highlighted in yellow indicated the year that specific rate type is fully funded. In this scenario, the 2018 flat rate is reduced from $6.50 per account per month to $2.75 per account per month and then gradually increased until it reaches full funding in 2022 at$2.98 per account per month. The city flow starts at a rate of$0.60 per thousand since the flat rate is being reduced and reaches full funding by 2022. Actual Actual Estimated Budget Projected Projected Projected Projected Projected 2014 2015 2016 2017 2018 2019 2020 2021 2022 Gallons Disposed per MCES (in millions) 1,225.5 1,155.6 1,040.5 1,037.6 1,040.6 1,044 1,047 1,050 1,053 CustumerCount 10,500 10,627' 10,650 10,650 10,650 10,750 10,825 10,875 10,925 Sewer Billings Gallons Billed (in millions) 967.4 1,020 1,020 1,027 1,033 1,036 1,040 Rate($per 1,000 gallons) 2.07 2.07 2.24 2.42 - - - - - City Rate($per 1,000 gallons) - - - - 0.60 0.70 0.75 0.80 0.91 MCES Rate($per 1,000 gallons) - - - 2.53 2.65 2.78 2.92 3.07 3.16 Flat Rate per Household 5.00 5.00 6.00 6.50 2.75 2.75 2.85 2.85 2.98 The difference between the second and third scenario is that the third scenario matches revenues with both actual out of pocket operating and capital expenses. The second scenario matches the flat rate to the annual depreciation,which is not a cash outflow. That is why the cash balance starts to trend upward in future years as annual depreciation outpaces actual annual capital expenses. As the graph below depicts, by matching all three rate types with out of pocket expenses we are more easily able to maintain the cash balance within the target range. Whereas the first two scenarios are only matching one or two of the rate types against out of pocket expenses. Scenario 3 provides more modest rate increases as revenues only match outgoing expenditures. 6 Sewer Utility Fund Cash Balance Projections Fully Funded 2022-Lower Flat Rate/Higher Flow Rate 2014-2027 $14,000,000 $12,000,000 - $10,000,000 $8,000,000 $6,000,000 $4,000,000 $2,000,000 0.0'9 11.6% 8.1% 5.9% 6.2% 5.2% 4.8% 5.1% 2.6% 2.3% 2.5% 2.6% 3.2% $- $24.24 $18.96 $14.76 $16.56 $14.88 $14.40 $15.96 $8.52 $7.92 $8.64 $9.36 $11.64 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 -Projected Cash Balance -Cash Floor-6 mos ops/10%Accum Depr -Cash Ceiling-12 mos ops/10%Accum Depr Annual Residential Sewer Cost Comparison The following table is a comparison of an average annual residential sewer bill for all three scenarios over the next ten years. Sanitary Sewer Utility Fund Change in Yearly Sewer Bill 2017 Rate Analysis Average 6,000 gallons per month or 72,000 gallons per year-Residential Only 2018 Rate Changes $Change % Change Annual Average Sewer Charges 2018 Per Year Per Year 2019 2020 2021 2022 2023 2024 2025 2026 2027 Scenario 1 MCES&Deprec.Only Residential $268.80 $ 16.56 6.6% $ 278 $ 288 $ 299 $ 312 $ 319 $ 325 $ 332 $ 340 $ 354 Scenario 2 Fully Funded 2027 Residential $268.80 $ 16.56 6.6% $ 293 $ 310 $ 328 $ 346 $ 361 $ 376 $ 392 $ 408 $ 423 Scenario 3 Fully Funded 2023 Residential $267.00 $ 14.76 5.9% $ 284 $ 298 $ 313 $ 329 $ 337 $ 345 $ 354 $ 363 $ 375 Sanitary Sewer Summary Overall, the fund is in sound financial shape, but attention is needed to ensure long-term sustainability. MCES will continue to be a major factor in rates as we move into the future. Establishing a revised working capital target ensures the fund remains viable and the city continues with the practices and philosophy of not relying on debt issuance for routine capital outlay and maintaining modest utility rates. 7 (II)Storm Drainage The Strom Drainage Enterprise fund is in excellent financial condition. The same working capital target as the sanitary sewer fund was applied to this fund. The working capital target floor equal 50%of operational expense plus 10%of accumulated depreciation, and the ceiling equals 100%of the operational expenses plus 10%of accumulated depreciation. The cash balance of the storm water fund is anticipated to be about$12.2 million at the end of 2017. The ceiling of the working capital target range is about$3.6 million. This fund's cash balance is well above the required ceiling. The difference between this fund and the sanitary sewer fund is that future legislative impacts are a very real probability and those impacts can come with very steep price tags. Being in a sound financial position will help to mitigate some of those potential costs. Rate Analysis If there are no new legislative or regulatory impacts, the 10-year forecast is not anticipating any rate increases. Storm Drainage Enterprise Fund 2014-2028 $18,000,000 $16,000,000 $14,000,000 $12,000,000 $10,000,000 $8,000,000 $6,000,000 $4,000,000 $2,000,000 0% 0% 14% 0% 096 096 0% 0% 0% o% 0% 0% 0% 0% 0% $27.48 $27.48 $31.20 $31.20 $31.20 $31.20 $31.20 $31.20 $31.20 $31.20 $31.20 $31.20 $31.20 $31.20 $31.20 2014 2015 1 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 —Projected Cash Balance —Cash Floor-6 months cps+10%Accum Depr —Cash Ceiling-12 Months Ops+10%Accum Depr *The second line on the horizontal axis of the above chart is the annual residential cost for storm drainage. Storm Drainage Summary Staff is recommending maintaining the current rate structure with no foreseeable rate increases required. (III) Next Steps If there is a consensus to modifying the current working capital target balances, a revised policy will be brought forward to a future council meeting. Any utility rate increases will also be brought forward as part of the budget process and 2018 fee schedule updates later this year. 8 C. H+ T OPE Shakopee City Council April 18, 2017 FROM: Darin Nelson, Finance Director TO: Mayor and Council Members Subject: Overview of Automated Accounts Payable Process and Review of a Revised Purchasing Policy. Policy/Action Requested: Build consensus towards a revised purchasing policy. Recommendation: Review and refine. Discussion: The finance department is in the beginning stages of implementing an automated accounts payable process. The process is anticipated to go live around the end of June. Similar to the Project Dox system undertaken for permits and licenses, this will move the accounts payable process to a completely automated approval process eliminating the need for paper invoices and speeding up the internal review process. Thus enhancing vendor relations, improving staff efficiencies and strengthening internal controls. Staff already receives a majority of recurring type invoices electronically from vendors. The current process requires staff to print and route invoices to the correct department for account coding and approval. From there the invoices are sent back to the finance department to begin the check preparation process. The automated process will eliminate both the need to print invoices and other manual steps along the way. In addition, with the automated system staff will know exactly where an invoice is at in the approval process at all times. Implementing this automated system will also ensure purchasing controls abide by the policy in place. City ordinance 32.15 subd. (D)(7) states the city administrator is empowered to "Purchase or enter into contracts for previously budgeted items when the amount thereof does not exceed $15,000, and purchase or enter into contract for previously budgeted services, when the annual amount of such contract does not exceed $15,000. For items and services in excess of$15,000, the City Administrator shall receive estimates, quotations, proposals, or sealed bids, as appropriate, and present them to the Council for official action." In January 2014, the Council approved an updated purchasing process. This process spells out the procedures and stipulations for staff involved in making purchases on behalf of the city. The process stipulated that the city administrator and department heads have authority to make purchases up to $25,000. This difference between the approved process and the ordinance has caused confusion and needs to be clarified. The purchasing process approved in 2014, was basically a process not a policy. The attached draft purchasing policy is more in-depth than the prior approved purchasing process, yet does not delve into standard operating procedures (SOP). SOP's are intended to provide staff with specific instructions versus a policy which is a higher level document approved by Council. The draft purchasing policy increases the city administrators purchasing authority to $2500. If the Council concurs with this policy, an amendment to the ordinance would also accompany the purchasing policy at a future council meeting for official action. In researching both the automated accounts payable process and purchasing policies of cities throughout the metro, I wanted to bring one matter to the Council's attention. When visiting with staff from Edina they mentioned their automated accounts payable process from the time an invoice is received until a check is mailed has been cut down from 2 to 4 weeks to literally 2 or 3 days in some scenarios and on average its about 5-7 business days. This begged a question from me as to how that can be since the Council needs to approve checks before they can be released and most Councils only meet twice a month. Their response was that they process and mail checks every week and provide Council with a check register as informational material in their council packets. Minnesota Statute 412.271 Subd. 8 allows for a city council, at its discretion, to delegate its authority to pay certain claims made against the city to a city administrative official. The city needs to have internal accounting and administrative control procedures in place and must also delegate this authority via resolution. This practice was not unique to Edina, as other cities in the metro have also moved in this direction. As staff looks to improve customer service by paying vendors more timely through automated accounts payable, the ultimate bottleneck remains that checks will continue to be held until official Council approval. Most council meetings happen every other week, but there are times throughout the year where council has three weeks in between meetings, causing an even greater delay in payment. Is it necessary to hold checks for Council approval? The city's internal controls are strong along with a new purchasing policy that will be programmed into the accounts payable system will heighten controls even further. In addition, the Council will still be approving purchases on the frontend for items greater than $25,000. This question is a comfort level question and staff is fine with either decision. I more or less wanted to make sure the Council understood the process. Even if the release of checks continues with the current practice, this new automated system will generate increased staff efficiencies and heightened internal controls. Both a definite benefit to the city. Budget Impact• None. ATTACHMENTS: a Draft Purchasing Policy PURCHASING POLICY (Chapter, Section, Code -Added by Administration) Adopted: SHAKOPEE Amended: POLICY CONTENTS A. Scope.................................................................................................................................................................1 B. Purpose............................................................................................................................................................2 C. Policy.................................................................................................................................................................2 D. Legality.............................................................................................................................................................2 E. Conflicts of Interest.....................................................................................................................................2 F. Acceptance of Gifts.......................................................................................................................................2 G. Background.....................................................................................................................................................3 H. Authorization.................................................................................................................................................3 I. Purchasing Alternatives.............................................................................................................................4 1. Sealed Bids..................................................................................................................................................4 2. State, County and Other Cooperative Purchasing Contracts...................................................5 3. Quotes...........................................................................................................................................................6 4. Emergency..................................................................................................................................................6 5. Professional Services..............................................................................................................................6 6. Leases/Purchases....................................................................................................................................7 7. On-Line Purchases...................................................................................................................................7 8. Federal Purchases....................................................................................................................................8 9. Change Orders...........................................................................................................................................8 10. Other.........................................................................................................................................................8 J. Payments.........................................................................................................................................................8 A. SCOPE This policy applies to all employees of the City of Shakopee, as well as representatives, contractors, consultants, or others who may be authorized to make purchases on behalf of the City of Shakopee. B. PURPOSE These purchasing procedures are intended to provide a consistent manner of purchasing goods and services citywide. Employees should secure the best balance between quantity, quality, and price when purchasing for the city. C. POLICY Goods and services required by the city are to be obtained using established procedures that comply with all legal requirements for public purpose expenditures while promoting fair and open competition. This policy is intended to ensure public confidence in the procurement process, fair and equitable treatment of vendors who transact business with the city and provide safeguards for the maintenance of a procurement system of quality and integrity. *r X Violations of this policy may result in disci line up to and includin termination. D. LEGALITY In order for an expenditure of public funds to represent a lawful expendit it should meet both of the following standards: • Public purpose. A public purpose for the expenditures must exist. • Authority. Specific or implied authority for the expenditure must arise out of a statute. E. CONFLICTS OF INTEREST Minnesota Statutes §471.87 and §471.88 prohibit the purchase of goods and services wherever a conflict of interest may exist. Authorized purchasers must be exceedingly careful to avoid a conflict of interest or even the appearance of a conflict of interest. An authorized purchaser acting in the employee's official capacity, may not transact official city business with a family member, or with a business or person with whom that employee has a financial interest or involvement. Furthermore, authorized purchasers shall not enter into a relationship with a vendor where the employee's actions are, or may reasonably be viewed as, not in the best interests of the city. An employee who becomes involved in a possible conflict situation must report the possible conflict to the employee's supervisor and department head. F. ACCEPTANCE OF GIFTS Pursuant to Minnesota Statute §471.895, no local official shall request, solicit, or accept a gift from any person or representative of a person or association that has a direct financial Page 2 of 9 interest in a decision that the employee is authorized to make. Local official includes elected and appointed positions within the city. G. BACKGROUND The City of Shakopee has a "decentralized" purchasing program. Purchasing is the responsibility of each department director in order to support flexibility and discretion of purchasing and project management with the aid of expertise at the department level. H. AUTHORIZATION The City Council approves an annual budget that allocates funds for projects and operations throughout the city. The city administrator and department directors are responsible for ensuring that projects and operations remain within the budget. The city administrator is the chief purchasing agent of the city and has the authority to approve purchases up to $25,000 per city code. The city administrator may delegate purchasing authority via administrative directive stipulating purchasers and level of authority up to $25,000. For items and services in excess of$25,000, the city administrator may authorize the receipt of bids and shall receive estimates, quotations, proposals, or sealed bids, as appropriate, and present them to the Council for official action. Authorized purchasers are responsible to follow purchasing regulations, procedures and best practices such as,but not limited to: obtaining bids or quotes, maintaining records of bids, quotes or other legally required information in accordance with records retention requirements (i.e. bid bonds, payment bond, IC-134), placing actual orders, receiving and verifying deliveries, and approving invoices for payment. Authorized purchasers are only allowed to authorize funds from within their home department's budget. In an instance of the need for funds outside one's department budget, the purchaser should collaborate with an approved purchaser from the necessary department/fund. Employees will not make any purchases for personal use through the city. NL 'a Certain purchases require installation, support, maintenance, etc. Most notably information technology (I.T.) purchases should be coordinated with the city's I.T. director to ensure purchases are for compatible with and supported by the city's I.T. infrastructure systems. Department directors can delegate purchasing authority up to $5,000 to designated staff members. Page 3 of 9 General Purchasing Value of Quotations Needed Required Required Purchase Purchases Internal Authorizations Level Documents AL PL-1 Less than Departmental Authorized Purchaser $5,000 Discretion Department Director PL-2 $5,000 to Two or more Quotes Authorized Purchaser $24,999 if practical City Administrator or delegated representative PL-3 $25,000 Two or more Written Council Authorized Purchaser to Quotes, Bids, or RFP's Memo City Administrator or $99,999 delegated representative Ak City Council PL-4 $100,000 Sealed Bids Council Authorized Purchaser and Memo Department Director Greater City Administrator City Council I. PURCHASING ALTERNATIVES 1. Sealed Bids Is A formal sealed bid procedure isrequirefor all purchases that are estimated to exceed $100,000, except for purchases through a cooperative purchasing contract (see below). Minnesota Statute §412.311 requires a published notice of the bid in the official city newspaper at least ten (10) days in advance of bid opening. The published notice must state where the plans and specifications can be obtained by bidders and specifically, when and where the bid opening will be held. The notice may also be published on the city's official web site; however,this publication is in addition to the official newspaper publication. Special assessment projects, commonly referred to as 429 projects, require specific advertising requirements. Please see Minnesota Statute §429.041 or the League of Minnesota Cities Special Assessment Toolkit memo for specific requirements www.lmc.org/media/document/1/sagtext.pdf?inline=true. All bid openings are to be administered by the originating department. The preparation of all specifications and required authorization is to be the responsibility of the originating department. The city council must formally award Page 4 of 9 the contract, and the originating department then files the contract with the administration department. Capital improvement/purchase bids should be retained permanently per the city's record retention policy. Sealed bids are not required for the purchasing and sale of real estate or service contracts. 2. State, County and Other Cooperative Purchasing Contracts Cooperative purchasing contracts provide the opportunity for the city to purchase goods and services at reduced costs. Employees do not need to obtain bids if a purchase is made through a national municipal association purchasing alliance or a cooperative created by a joint powers agreement (of which the city is a member) that purchases items from more than one source on the basis of competitive bids or quotations that complies with State Statute. NS1614f N a) State Cooperative Purchasing Contracts. The City of Shakopee participates in the State of Minnesota Cooperative Purchasing Venture (CPV). This enables the city to buy goods and services under the terms of contracts already negotiated by the State of Minnesota. The finance department has access to the releases and listings of products/services that can be purchased on state contract. If it is determined that a product/service is on a state contract,vendors should be told that the purchase will be made using that contract. When completing the purchasing paperwork, note that the purchase is per state contract and indicate the contract number. Vendors will often contend that the city can purchase from them without bidding because they are on the "state contract" or they will sell at the state contract price. Beware of these approaches. Verify both the vendor and the specific product/service is listed on the state contract. It is likely that not all of a vendor's products/services have been selected to be on the state contract. If a vendor is not on the state contract but will match the state contract price,this action does not preclude the city from avoiding the competitive bidding laws. b) U.S. Communities Government Purchasing Alliance. The city participates in the U.S. Communities Government Purchasing Alliance www.uscommunities.org4. See the finance department for further information. Page 5 of 9 c) National Joint Powers Alliance (NJPA) Purchasing Program. The city participates in the NJPA purchasing program www.npacoop.org/home.asp. See the finance department for further information. d) Houston-Galveston Area Council Buy (HGACBuy) The city participates in the HGAC Buy purchasing program www.h- gac.com/coop/hgacbuy.aspx. See the finance department for further information. 3. Quotes 'Je If a purchase is estimated to exceed $25,000 but not to exceed $100,000, the purchase may be made either by sealed bids or by direct negotiation based upon quotations. If a purchase is made in this range, authorized purchasers are required to obtain at least two written quotes. These quotes should be in writing. If the quotes are not written,the requestor who received the verbal quote must document the quote in writing. All quotes will be kept with the originating department and kept on file for until the following year's financial audit is complete. In practice, retaining quotes for two years will ensure quotes are available for auditing purposes. 4. Emergency Emergency situations may arise where the normal purchasing process cannot be followed for the procurement of goods and services.An emergency must be a situation arising suddenly and unexpectedly which requires speedy action essential to health, safety, and welfare of the community, and not just an inconvenience. In the event of a disaster and when it is impossible or impractical to first seek City Council approval,the mayor or the mayor's designee is authorized to exercise discretion and to use city equipment, supplies, and personnel and to expend city funds as necessary to preserve and maintain the operation of the city government and the safety and security of the public. S. Professional Services Contracts for professional services in excess of$25,000 annually shall be submitted to the city council for approval. Multi-year professional service contracts with annual caps of less than $25,000 but with an aggregate total exceeding $25,000 may be approved the city administrator or authorized purchaser. The term "Professional Services" applies to all advisory services such as,but not limited to: auditing, engineering, financial, legal, personnel,technical,training, or other services. Contracts for professional services shall be made only with responsible consultants Page 6 of 9 who have the capability to successfully fulfill the contractual requirements. Consideration shall be given to their past performance and experience,their financial capacity to complete the project, the availability of personnel, and other appropriate criteria. The nature of the professional service is typically written as a request for proposals (RFP). Contracts RFPs will generally be used to solicit proposals for professional services. Service agreements with a contract length greater than twelve months, must allow for a no greater than a 60-day cancellation clause. Professional Services Purchase Value of Quotations/RFP's Required Required Level Contract Needed Internal Authorizations Documents PL-1 Less than Departmental Authorized $5,000 Discretion Purchaser PL-2 $5,000 to Two or more Authorized $24,999 Quotes/RFP's if Purchaser City practical Administrator or delegated representative PL-3 $25,000 Two or more Council Authorized and Greater Quotes/RFP's Memo Purchaser City recommended Administrator or delegated representative City Council 6. Leases/Purchases All lease agreements need approval through the finance department and city attorney prior to initiating any lease. 1W IF7. On-Line Purchases City employees may only purchase from vendors that use secure servers for e- commerce. If an employee makes a purchase using the city credit card that is not properly authorized by the city council,the employee will be held personally liable for the amount of the purchase. For additional information on the proper use of city credit cards, see the finance department. Page 7 of 9 8. Federal Purchases Under uniform grant guidance (2 CFR 200.317-326) there are additional procurement requirements that need to be considered when making purchases related to a federal program. Five procurement methods are identified including: micro-purchases (<$3,500), small purchase procedures (<$150,000), competitive proposal (>$150,000) and noncompetitive proposal (>$3,500). The general purchasing policy addresses many of these requirements and the city will also consider the full requirements in relation to each method as described in 2 CFR. The micro-purchase threshold which is set by Federal Acquisition Regulation at 48 CFR Subpart 2.1 is subject to change with inflation. The City will follow changes to thresholds as modifications occur. When pr ticable micro-purchasing will be distributed among qualified suppliers. 9. Change Orders As a matter of practice, construction projects are typically approved by council with a specific contingency request of 5 to 10 percent of the contract amount. This contingency approval allows for flexibility to address change orders through the course of the project. The city administrator or delegated representative may approve these change orders. However, if the change order exceeds the contingency threshold or materially changes the terms of a contract so as to create a new contract, the purchase should then be presented to council for approval. 10.Other '9W GR 1W This document is not intended to cover all purchasing situations and regulations. If there are questions regarding purchasing, the should be directed to your department director or finance department. J. PAYMENTS Minnesota State Statute §471.425 sub requires invoices to be paid within 35 days from receipt. For invoices not paid in a timely manner,the interest rate is 1 1/z percent per month or part of a month. The minimum monthly interest on an invoice of$100 or more is $10.00. Interest penalties do not apply to good faith disputes. Minnesota State Statute §412.271 Subd. 8 allows for delegation of authority by the City Council for paying certain claims. Per City Code §32.15(D)(7),the City Council has delegated authority to the city administrator to purchase goods and services and to enter into contracts when the amount does not exceed $25,000. In addition, Minnesota State Statute §412.271 Subd. 1 allows for the immediate payment of judgments, salaries and wages previously fixed by the council, principal and interest Page 8 of 9 obligations, rent and other fixed charges, and the exact amount of which has been previously determined by contract authorized by the council. Contact the finance department for a copy of the city's payment procedures. Page 9 of 9