HomeMy WebLinkAboutMay 07, 2019F "n,,
Shakopee City Council
May 7,2019
7:00 PM
City Hall 485 Gorman 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.
F. 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. Administration
*4. A.1. *City Council Minutes
*4. A.2. *Temporary Beer Licenses for Shakopee Lions Club Softball Tournament
*4. A.3. *Pay Adjustment for City Administrator
B. Fire
*4. B.1. *Shakopee Fire Department Relief Association Bylaw Amendment
including a Pension Benefit Increase Request
C. Parks and Recreation
*4. C.1. *Requests for Big Taste of Fun and MN Ironman Bike Ride Event
D. Planning and Development
*4. D.1. *Resolution of Support for Shakopee Housing Group LLC for Core
Crossings for its LIHTC application
Page 1 of 165
E. Public Works and Engineering
*4. E.1. *2022 Street Improvement Project - Advancement of Wood Duck Trail
*4. E.2. *12th Avenue Reconstruction Project - Bid Award
*4. E.3. *Citizen -Assisted Monitoring Program (CAMP) - Water Quality Sampling
*4. E.4. * 12th Avenue Reconstruction Project - Professional Services Agreement
*4. E.S. *2019 Trail Rehabilitation and Reconstruction Projects
*4. E.6. *ESRI Software License
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. Recess for Economic Development Authority Meeting
8. Reconvene
9. General Business
A. Parks and Recreation
B. Police
9. B.1. Gift Card Ordinance No. 2019-007
9. B.2. Police Department Annual Report
10. Reports
10. A City Bill List
10.B.Liaison and Administration
11. Other Business
12. Adjournment to Tuesday, May 21, 2019 at 7 p.m.
Page 2 of 165
*4.A.1.
Shakopee City Council
May 7, 2019
FROM: Lori J. Hensen, City Clerk
TO: Mayor and Council Members
Subject:
City Council minutes of April 16, 2019.
Policy/Action Requested:
Approve the minutes of April 16, 2019.
Recommendation:
Approve the above motion.
Discussion:
Budget Impact:
ATTACHMENTS:
a April 16, 2019
Page 3 of 165
Shakopee City Council Minutes
April 16, 2019
7:00 PM
City Hall 485 Gorman St.
Mayor Bill Mars presiding
1. Roll Call
Present: Mayor Bill Mars, Councilmembers Jody Brennan, Matt Lehman, Jay Whiting,
Angelica Contreras
Staff Present: City Administrator Bill Reynolds, Assistant City Administrator Nate
Burkett, City Attorney Jim Thomson, City Engineer/Public Works Director Steve
Lillehaug, Finance Director Darin Nelson, Parks/Recreation Director Jay Tobin, City
Clerk Lori Hensen
2. Pledge of Allegiance
3. Approval of Agenda
Councilmember Jody Brennan made a motion to approve the agenda, seconded by
Councilmember Angelica Contreras and the motion passed.
5-0
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.)
Lehman removed items 4.A.2. and 4.A.3. for further discussion.
Councilmember Matt Lehman made a motion to approve amended consent agenda,
seconded by Councilmember Jody Brennan and the motion passed.
5-0
A. Administration
*4. A.1. *City Council Minutes
Approve the meeting minutes of April 2 and April 9, 2019. (Motion was carried under
consent agenda.)
Page 4 of 465
*4. A.2. *Certification of Delinquent Sewer and Stone Drainage Accounts
Councilmember Matt Lehman made a motion to adopt Resolution No. R2019-037,
certifying assessments for delinquent sewer and storm drainage accounts from 2018,
adding a $25 administrative charge for collection with payable 2020 property taxes
and writing off 18 delinquent accounts totaling $42.54, seconded by
Councilmember Jay Whiting and the motion passed.
5-0
*4. A.3. *2018 Year-end General Fund Transfers and closing of the City Hall
Construction fund in 2019
Councilmember Matt Lehman made a motion to approve 2018 General Fund
transfers of $848,283.01 and $1,338,716.99 to the City Hall Construction Fund and
the Capital Investment Fund (CIF), respectively, and subsequently close the City Hall
Construction fund in 2019, seconded by Councilmember Angelica Contreras and the
motion passed.
5-0
*4. A.4. *Pullman's Request to Allow Alcohol to be Consumed in City Parking Lot
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 for April 25, 2019, on condition that all
documents and permits are completed. (Motion was carried under consent agenda.)
B. Parks and Recreation
*4. B.1. *Accept Donation from Shakopee Lions
Approve Resolution R2019-050 accepting a monetary donation in the amount of
$2394.00 from Shakopee Lions Club. (Motion was carried under consent agenda.)
C. Public Works and Engineering
*4. C.1. *2019 Street & Utility Reconstruction Project
Adopt Resolution R2019-047, awarding a contract in the amount of $1,061,440.50 to
Ryan Contracting Co., for the 2019 Street & Utility Reconstruction Project CIF-19-
003. (Motion was carried under consent agenda.)
*4. C.2. *Roadway Seal Coat, Crack Seal, and Pavement Markings
Accept the low quote and authorize execution of a contract with Pipe Services Corp.
for the 2019 sanitary sewer televising project. (Motion was carried under consent
agenda.)
Page El of 465
*4. C.3. *2019 Sanitary Sewer Televising
Authorize the City of Shakopee's prescribed roadway maintenance work to be
awarded as part of the 2019 JPA contract. (Motion was carried under consent
agenda.)
*4. C.4. *2019 Pavement Mill & Overlay
Approve Resolution R2019-048, approving plans and ordering the advertisement for
bids for the 2019 Pavement Mill & Overlay Project CIF-19-002. (Motion was carried
under consent agenda.)
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. General Business
A. Administration
7. A.1. Financial Review - March 2018
Informational Only
7. A.2. Premise Permit for Shakopee Prior Lake Water Ski Association
Councilmember Matt Lehman made a motion to approve Resolution R2019-049, a
resolution of the City of Shakopee approving a premises permit for Shakopee Prior
Lake Water Ski Association located at Willy McCoy's 1710 Crossings Blvd,
seconded by Councilmember Jay Whiting and the motion passed.
5-0
7. A.3. 2019 Community Survey Results
Informational Only
8. Reports
Page 6 of 465
8.A. City Bill List
Informational Only
8.B. Liaison and Administration
9. Other Business
10. Adjourn to Closed Session pursuant to MN Statute 13D.05 subdivision 3
10.AAnnual Performance Review for City Administrator
Councilmember Matt Lehman made a motion to adjourn to Closed Session pursuant
to MN Statute 13D.05 subdivision 3, seconded by Councilmember Jody Brennan and
the motion passed.
5-0
11. Adjournment to Tuesday, May 7, 2019 at 7 p.m.
Councilmember Matt Lehman made a motion to adjourn to Tuesday, May 7, 2019 at
7:00 p.m., seconded by Councilmember Jay Whiting and the motion passed.
5-0
Page 4 of 465
*4.A.2.
Shakopee City Council
May 7, 2019
FROM: Lori J. Hensen, City Clerk
TO: Mayor and Council Members
Subject:
Temporary beer licenses for Shakopee Lions Club Softball Tournament
Policy/Action Requested:
Approve the applications and grant temporary on -sale 3.2 percent malt liquor licenses to the
Shakopee Lions Club for their softball tournament held at Tahpah Park on May 31 through
June 2 , 2019.
Recommendation:
Approve the above motion.
Discussion:
The Shakopee Lions Club has made application for two temporary on -sale 3.2 percent malt
liquor licenses for a softball tournament at Tahpah Park on May 31 through June 2, 2019.
The Lions Club is requesting authorization to sell beer on Friday, May 31 from 4 to 10 p.m.,
Saturday, June 1 from 8 a.m. to 10 p.m., and Sunday, June 2 from 10 a.m. to 8 p.m. at the
main beer garden located at the main concession building at Fields 2, 3 and 4. The area will
also be fenced and have proper signage.
They are also requesting to sell beer on Saturday, June 1 from 11 a.m. to 7 p.m. at the beer
garden located between Fields 6 and 7. This area will also be fenced and have proper
signage.
The 10 p.m. hour is consistent with previous licenses issued to the Lions Club at Tahpah
Park. The applicant is working with the police to have two officers on site on Saturday, June
2 from 11 a.m. until 7 p.m.
Budget Impact:
Page 8 of 165
*4.A.3.
Shakopee City Council
May 7, 2019
FROM: William H. Reynolds, City Administrator
TO: Mayor and City Council
Subject:
Pay adjustment for City Administrator
Policy/Action Requested:
Approval of a 7% pay increase for the City Administrator backdated to January 1, 2019.
Recommendation:
Approval.
Discussion:
Following Council's annual Performance Review of the City Administrator on April 16,
2019, Council directed staff to submit a 7% pay increase for their approval. The current
2019 salary for the City Administrator is $157,575. A 7% increase would adjust the salary
to $168,605 a year.
The Minnesota State Legislature has restricted the amount that a City
Administrator/Manager may make in yearly salary. For 2019 that limit is $175,621.
Budget Impact:
The increase to the administrative budget would be $11,030 a year which can be addressed
by the current budget.
Page 9 of 165
*4.B.1.
Shakopee City Council
May 7, 2019
FROM: Darin Nelson, Finance Director
TO: Mayor and Council Members
Subject:
Shakopee Fire Department Relief Association Bylaw Amendment Including a Pension
Benefit Increase Request
Policy/Action Requested:
Adopt Resolution R2019-053, approving the amendment of the Shakopee Fire Department
Relief Association bylaws including a pension benefit increase.
Recommendation:
Approval
Discussion:
The Shakopee Fire Department Relief Association (SFDRA) approved an amendment to
the Association's bylaws at their member meeting on April 22. In order for the bylaw
amendment to become effective, it needs to be approved by the City Council. The bylaw
amendment becomes effective once approved by the council.
Appendix A of the attached bylaws includes a summary of the changes and also a history of
bylaw amendments. The yellow highlighted areas of the bylaws are the areas that are
changing.
This year's changes include: a change in member meetings from monthly to a quarterly; an
addition of annual salary stipend for the vice president and trustees of $500 and $250,
respectively; and a request for a change in the pension benefit level.
In 2017, the council adopted a guideline for approving benefit increases for
the SFDRA. The goal of the guideline is to ensure the SFDRA assets are sufficiently
funded compared to the liabilities before requesting a pension benefit from the council. This
guideline helps ensure that no additional city contribution is required to fund the pension
benefit increase request.
Page 10 of 165
The SFDRA pension has been above 100 percent since 2013 and the city has not
contributed any additional funds since 2014. The council approved a pension benefit level
increase of 5 percent last year, effective August 1, 2018 based on the Funding Coverage
Percentage (FCP) of 125.6 percent. Based on the FCP of 120.9 percent as of December 31,
2018, the SFDRA is requesting an increase of 4 percent or $325 per year of service,
bringing the total yearly pension benefit to $8,750. The pension increase would become
effective August 1, 2019.
Below is a recap of the pension benefit guideline.
The recommended FCP and corresponding per year of service pension benefit percentage
increases are as follows:
1. FCP less than 112% no increase
2. FCP 112% or greater 3% increase
3. FCP 117% or greater 4% increase
4. FCP 122% or greater 5% increase
5. FCP 127% or greater 6% increase
The guideline also recommends further stipulations including:
• The actual dollar amount increase would be rounded to the nearest twenty -five -dollar
increment.
• As a further protection and control, it is recommended that there should be no
increases in the pension benefit for one year after the last mandatory city
contribution. This provides a buffer and additional safeguard for the volatility that may
occur when large market corrections occur.
• All spreadsheets and financial models created by SFDRA Board members, and
investment professionals should be regularly updated with current information and
reviewed at the annual pension benefit discussion in April.
• This guideline may be amended by future councils at their discretion.
Even though the guideline has protections built into it to safeguard against the city needing
to make mandatory contributions. These safeguards are not a 100 percent guarantee. A
Page 11 of 165
large correction in the financial markets could bring the FCP below 100 percent and
subsequently require a mandatory city contribution.
Budget Impact:
The requested 2019 pension benefit increase is not expected to have any budget impact on
the General Fund. There is always the possibility of a major market correction that could
require future statutory contributions. The guideline would then eliminate future pension
benefit increases until the pension fund is 112 percent funded for one year.
ATTACHMENTS:
Resolution No R2019-053
o Proposed SFDRA Bylaw Amendment
Page 12 of 165
RESOLUTION NO. R2019-053
A RESOLUTION OF THE CITY OF SHAKOPEE, MINNNESOTA
APPROVING AN AMENDMENT TO THE SHAKOPEE FIRE DEPARTMENT RELIEF
ASSOCIATION BYLAWS INCLUDING A PENSION BENEFIT INCREASE
WHEREAS, the City of Shakopee (City) and the Shakopee Fire Department (SFD) strive
to provide excellent facilities and equipment while also compensating SFD Firefighters through
an hourly pay rate for service calls and through payment of a pension benefit for each year of
service; and
WHEREAS, the pension benefit is funded by the Shakopee Firefighters Relief
Association (SFDRA), which operates independently of the SFD and is guided by its own
bylaws; and
WHEREAS, the SFDRA membership approved at its April 22, 2019 membership
meeting an amendment to its current bylaws including a pension benefit increase; and
WHEREAS, in July 2017, the City Council adopted a guideline for approving pension
benefit increases for the SFDRA. The goal of the guideline is to ensure the SFDRA assets are
sufficiently funded compared to the liabilities before requesting a pension benefit from the City
Council; and
WHEREAS, the SFDRA pension has been 100 percent funded since 2013 and the City
has not contributed any additional funds since 2014; and
WHEREAS, based on the December 31, 2018 Funding Coverage Percentage of 120.9
percent, the SFDRA is requesting an increase of 4 percent or $325 per year of service, rounded
to the nearest twenty -five -dollar increment, bringing the total yearly pension benefit to $8,750;
and
WHEREAS, the SFDRA bylaw amendment is effective May 7, 2019 with the pension
benefit increase becoming effective August 1, 2019.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SHAKOPEE, MINNESOTA, hereby approves the bylaw amendment for the Shakopee Fire
Department Relief Association including a pension benefit increase of 4 percent or $325 for a
total yearly pension benefit of $8,750, which is consistent with the pension benefit guideline
approved by the City Council on July 18, 2017.
Adopted in the regular session of the City Council of the City of Shakopee, Minnesota
held this 7th day of May 2019.
Page 13 of 165
ATTEST:
City Clerk
Mayor of the City of Shakopee
2
Page 14 of 165
RESTATED BYLAWS
OF
SHAKOPEE FIRE DEPARTMENT
RELIEF ASSOCIATION
The Bylaws of the Relief Association are hereby amended in their entirety and restated
effective as of May 7, 2019.
ARTICLE I
NAMES
As provided in the Articles of Incorporation, the name of this organization shall be the
Shakopee Fire Department Relief Association (the "Association"). The Shakopee Fire
Department Relief Association is exempt from Federal income tax under section 501(c)(3) of the
Internal Revenue Code. Contributions to the Association are tax deductible under section 170 of
the Code.
ARTICLE II
DEFINITIONS
General Definitions
Whenever appropriate, words used herein in the singular shall include the plural, the plural may
be read as the singular, and the masculine shall include the feminine.
The following words and phrases when used herein shall have the following meanings except as
otherwise required by the context in which they are used:
"Active Member" is a member of the Association who is eligible for benefits and is currently
meeting the minimum firefighter and service standards of the Shakopee Fire Department Relief
Association, Active Members must be Volunteer Firefighters as defined in Appendix B Section
2.1.bb of the Plan attached hereto.
"Board of Trustees" or "Board" shall mean the Board of Trustees of the Relief Association, and
shall perform the functions and assume the same duties as a Board of Directors under Minnesota
Statutes, Chapter 317A.
"Deferred Member" is a member of the Association who has retired or been terminated from the
Fire Department but has not taken a distribution of benefits.
"Fire Department" is the Fire Department serving the Municipality.
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"General Fund" shall mean the fund established pursuant to Minnesota Statutes, Section 424A.06
that holds the funds received from dues, fines, initiation fees, entertainment revenues and any
money or property donated, given, granted or devised by any person, for unspecified uses.
"Material Financial Interest" is a financial interest or expectation of any kind on the part of a
Board member or Relative, which is substantial enough to reasonably affect the judgment of the
Trustee who has a conflict of interest. The term "financial interest" includes any and all
monetary expectations and exists when a Board member or Relative has rights (whether or not a
Deferred Member or beneficiary) to be paid compensation, retiree benefits, or to have their
expenses reimbursed or obligations or other liabilities repaid, etc. (See Article IX Fiduciary
Responsibility.)
"Municipality" is the City of Shakopee.
"Municipal Trustees," formerly known as `ex -officious,' are members of the Board of Trustees
designated solely by the Municipality and shall include the two appointed or elected officials and
the fire chief, as further defined in Section 5.1 herein.
"Relative" is a member of one's family and includes spouses, parents, children, siblings, in-laws,
aunts, uncles, first cousins, step-parents, step -children, and may include other family members
such as common-law partners or long-time companions, of a Trustee who has a conflict of
interest. (See Article IX Fiduciary Responsibility.)
"Special Fund" shall mean the fund as defined in Section 2.1 of the Plan attached hereto.
"Supermajority" is required when there is a conflict of interest on an item to be voted on by the
Board of Trustees because one or more Trustees have a Material Financial Interest. A
Supermajority is the majority of those Trustees after subtracting the Trustee(s) who has a conflict
of interest (e.g., Nine (9) Trustees less two (2) with a conflict = Seven (7). Supermajority would
require four (4) Trustees to vote in favor to pass the motion). (See Article IX Fiduciary
Responsibility.)
ARTICLE III
PURPOSE
As provided in the Articles of Incorporation, the purpose of the Association is to provide
retirement relief and other benefits to members and their dependents. For purposes of Chapter
424A of Minnesota Statutes, the Association is a governmental entity that receives and manages
public funds to provide retirement and ancillary benefits for individuals providing the
governmental services of firefighting and, if applicable, emergency response. The Association
may also raise funds from private sources to furnish fire and emergency equipment for the Fire
Department, and for other purposes deemed necessary and appropriate by the Association to the
extent permitted by law. Benefits paid to members and their dependents shall be funded
exclusively through governmental sources and, to the extent provided by State law, through
restricted donations.
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ARTICLE IV
MEMBERSHIP
4.1 Admission. All firefighters of the Fire Department are members of the
Association and shall be eligible for benefits, except as otherwise stated in these bylaws. An
application for membership shall be completed on the Membership Application and Beneficiary
Designation form to become eligible for benefits in the Association. Upon approval of the
member's application, such member shall accrue service credit for all active service while in
probationary status and meeting the minimum 35% service standards.
4.2 Membership Duties. The Association does not require membership duties.
4.3 Dues. Annual member dues, if any, shall be determined in the annual meeting,
and may be modified at any regular or special meeting of the membership. The members shall
adopt written policies and procedures for the collection of dues, including penalties for the
failure to timely pay dues. Penalties may include classifying members who are not current with
their dues as ineligible to accrue active service credit during the period or periods while dues are
outstanding. Penalties for failure to pay dues shall not include forfeiture of benefits that have
accrued prior to such failure. Volunteer Firefighter's Benefit Association of Minnesota annual
dues shall be paid for each member, paid or volunteer, from the special fund.
4.4 Member Voting Rights. Each Active Member shall be entitled to one (1) vote on
any matter voted upon by the membership. Deferred Members are not entitled to vote. Voting by
proxy/absentee ballot is permitted following the procedures set forth in Section 4.5.
4.5 Proxy/Absentee Ballot. Member Voting: If permitted by the Board prior to a
meeting, voting members may cast votes by submitting an absentee ballot provided by the Board
that is signed by the member and deposited in the ballot box set out by the Board. Submission of
an absentee ballot shall constitute a proxy to the officer of the Association designated and
authorized on the ballot who is bound to cast the member's vote in accord with the member's
ballot choices. The member may withdraw his/her proxy/absentee ballot by attending a meeting
and voting in person. Use of proxies/absentee ballots may only be used on items listed on the
ballot and may not be used when trustees and/or officers are elected from the floor during the
meeting.
Counting Ballots: If ballots were used because there were more than two candidates for any
Trustee position up for election as indicated under Section 7.2, an officer of the Association who is
not standing for election shall count the ballots as follows: All first choices are counted, and if no
candidate wins a majority of first choices, then the last place candidate is eliminated. Ballots of
voters who ranked the eliminated candidate first are redistributed to their next choice candidates,
as indicated on each voter's ballot. Last place candidates are successively eliminated and ballots
are redistributed to next choices until one candidate remains or a candidate gains a majority of
votes.
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In case of a tie resulting from the above procedure, the candidates receiving the two highest
number of votes shall be placed into new balloting to be affected at the meeting. The previously
submitted proxy/absentee ballots shall be recounted using the above procedures for the two
candidates who have tied. Simultaneously, members present at the meeting will recast their vote
for the two candidates who have tied. Additional balloting including the proxy/absentee ballots
for said office shall continue until one candidate shall receive a majority of votes cast on a
reballot and he shall be elected to said office.
4.6 Separation. For records retention and administration of the Association, the
Board may request that a Deferred Member complete and submit a Membership Separation
Form.
4.7 Member Recognition. The Association may continue to honor members whose
status has changed between volunteer/paid on -call and full- or part-time employee of the same
Fire Department. The members shall adopt written policies and procedures, including any
eligibility or types of recognition.
4.8 Termination. Any member who is terminated by the Fire Department or
Municipality shall cease accruing benefits under the Association as of the date of termination.
ARTICLE V
BOARD OF TRUSTEES
5.1 Composition. The Board of Trustees shall consist of nine (9) members. Six
(6) trustees shall be elected from the active members with at least one year of service in the relief
association. There shall be three (3) officials drawn from the Municipality. The three (3)
Municipal Trustees must be the Mayor, the Finance Director of the Municipality, and the chief of
the municipal fire department. The Municipal Trustees must be designated annually by the City
Council of the Municipality.
5.2 Duties. The Board of Trustees shall perform the functions and assume the same
duties as a Board of Directors under Minnesota Statutes, Chapter 317A. In addition, the Board of
Trustees shall:
(a) Have exclusive control and management of all funds received by the Treasurer
pursuant to the statutes of the State of Minnesota and all moneys or property
donated, given, granted or devised for the benefit of the Association.
(b) Examine the books, papers, funds, securities and property in the custody of the
Treasurer, and general accounts, funds and securities, and property of the
Association.
(c) Examine and approve the validity of all claims prior to payment by the Treasurer.
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(d) Provide the forms on which members may submit claims to the Board of Trustees
for their approval.
(e) On an annual basis or more frequently as may be required to determine eligibility for
benefits, confirm minimum firefighter and service standards pursuant to the
Volunteer Firefighter definition in Section 2.1 of the Plan attached hereto.
(f) Assume such additional duties as may be described in Article IX herein and in
Association policies and procedures or required by state law including the
establishment of any committee deemed necessary or appropriate.
ARTICLE VI
OFFICERS
6.1 Number. The number of officers of the Association and their duties shall be as set
forth below.
6.2 President. It shall be the duty of the President of the Association to:
(a) Have general active management of the business of the corporation;
(b) When present, preside at meetings of the Board and of the members;
(c) See that orders and resolutions of the Board are carried into effect;
(d) Sign and deliver in the name of the corporation bonds, contracts, or other
instruments pertaining to the business of the corporation, except in cases in which
the authority to sign and deliver is required by law to be exercised by another
person or is expressly delegated by the articles or bylaws or by the Board to
another officer or agent of the corporation. (e) Maintain records of and,
when necessary, certify proceedings of the Board and the members; and
(f)
Perform other duties prescribed by the Board.
6.3 Pro Tem Officers. In the absence of the President and Vice President, if
applicable, the Board of Trustees shall appoint an interim President from the existing Officers
and/or Trustees other than the Municipal Trustees, who shall perform the duties applicable to the
office.
6.4 Vice President. It shall be the duty of the Vice President to perform the duties
of the President in the President's absence.
6.5 Secretary. It shall be the duty of the Secretary of the Association
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(a) Keep a record showing the correct addresses of all members and request the names
of their beneficiaries.
(b) Keep or cause to be kept an accurate record of all meetings of the Association and of
all meetings of the Board of Trustees.
(c) Conduct and direct the investigation of all claims.
(d) Keep a record of all monies received and paid out by the Treasurer.
(e) Provide access to the Association's Articles, Bylaws, minutes, and financial
statement on the last annual accounting period to all members or all Board of
Trustees (including the Municipal Trustees), for any proper purposes they may have,
in accord with Minnesota Statutes, Section 317A.461.
6.6 Treasurer. It shall be the duty of the Treasurer of the Association to:
(a) Receive and receipt all monies due the Association from members and other sources
and to keep accurate accounts and records of all the money so received.
(b) Have custody of all monies and securities belonging to the Association.
(c) Furnish a surety bond in favor of the Association for the faithful performance of all
duties involving the Association and for the safekeeping of, or accounting for, all
monies and securities that may come into its possession. The bond shall be in an
amount equal to at least 10% of the assets up to a maximum of $500,000.
(d) Pay all properly approved claims for benefits, and to pay all bills incurred in the way
of necessary expenses in the conduct of the business of the Association and to keep
accurate accounts and records of all the money so paid.
6.7 General Duties.
(a) It shall be the duty of any two (2) officers of the Association to countersign
all checks issued by the Association.
(b) The officers shall annually prepare an annual financial report of the
Association's receipts, disbursements, and balances in the Special and
General Funds for the preceding calendar year on a form prescribed by the
Office of the State Auditor. They shall transmit the report to the city clerk or
clerk -treasurer of the Municipality for inspection, signature and transmission
to the State Auditor pursuant to law.
(c) Pursuant to the Volunteer Firefighter Relief Association Financing Guidelines
Act of 1971, the officers of the Association shall, annually, determine the
financial requirements of the Special Fund for the following year. The financial
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requirements of the relief association and the minimum municipal obligation
must be included in the financial report or financial statement.
6.8 Compensation. As compensation for services to the Association by the officers, the
Board of Trustees may at its annual meeting authorize payment of an aggregate salary expense
payable from the Special Fund to one (1) or more of these officers. The remaining trustees may
receive a nominal fixed payment from the General Fund.
ARTICLE VII
ELECTIONS
7.1 Trustee Terms. The Trustees shall be elected to staggered three-year terms. There
will be two (2) Trustees, named Trustee 1 and Trustee 2, elected by the membership at the annual
meeting of the Association, and begin their individual terms on May 1 following the meeting.
Each appointed Municipal Trustee term is one (1) year or until the person's successor is qualified,
whichever is later. The term of a Municipal Trustee shall terminate upon termination of the
Trustee's position with the Municipality.
An individual Trustee may serve an unlimited number of terms.
7.2 Voting on Trustees. Each of the positions on the Board of Trustees who are not the
Municipal Trustees shall be voted on separately by the Active Members in attendance at the annual
meeting. No nominations of slates of candidates or cumulative voting shall be allowed. All votes
unless specified prior to the vote, shall be conducted by a voice vote. A simple majority of those
present at the meeting is needed to elect. If a simple majority cannot be determined by voice vote,
the officer in charge of the vote shall ask for a show of hands or for a secret ballot. A trustee who
was elected by the membership may be removed with or without cause by a simple majority vote
of the Active Members in any subsequent annual, regular or special meeting.
If allowed by the Board of Trustees under Section 4.5, a proxy/absentee ballot may be used to
perform "runoff voting" if there are more than two candidates for any Trustee position up for
election and Active Members must rank candidates by order of preference. See Section 4.5 for
counting ballots.
7.3 Officer Terms. The offices of President, Vice President, Secretary, and Treasurer
shall be elected to three-year terms, and begin their individual terms May 1 following the meeting.
The office of President shall be nominated and elected separately to a three-year staggered term
every third year.
The offices of Vice President and Secretary shall be nominated and elected separately to a three-
year staggered term every third year.
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The office of Treasurer shall be nominated and elected separately to a three-year staggered term
every third year.
7.4 Voting on Officers. Officers are elected by the Active Members each year at the
annual meeting of the Association. Each position will be nominated and elected separately at this
meeting. All votes unless specified prior to the vote, shall be conducted by a voice vote. A simple
majority is needed for an officer to be elected. If a majority cannot be determined by voice vote,
the officer in charge of the vote shall ask for a show of hands or for a secret ballot. Voting by
proxy/absentee ballot will be allowed under Section 4.5. An officer may be removed with or
without cause by a simple majority vote of the Active Members in any subsequent annual,
regular or special meeting.
No individual may hold more than one (1) officer position at one (1) time.
7.5 Officer and Trustee Vacancies. In the case of death, resignation or removal from
office for any elected officer or Trustee of the Association, except a Municipal Trustee, the vacancy
shall be filled by the Active Members at a special meeting to be duly called for the purpose of
filling out this term. In the event an officer fails to retain his position as an elected Trustee, he
must vacate his officer position pursuant to Minnesota Statutes, Chapter 424A Volunteer
Firefighters' Retirement.
ARTICLE VIII
MEETINGS
8.1 Annual Meeting of the Members. The annual (regular) meeting of the members
shall be held in April of each year. The place of the meeting shall be designated and may be
changed from time to time by the Board of Trustees.
8.2 Regular Meetings of the Members. Other regular meetings of the members shall
be held quarterly, on the fourth Monday during the months of January, April, July, and October.
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meeting shall be held on the next available . The place of the meeting shall be designated
and may be changed from time to time by the Board of Trustees. The schedule of the regular
meetings on file at primary offices is sufficient for notice unless time or location is changed.
8.3 Special Meetings of the Members. Special meetings of the members may be
called at any time upon the written order of the President and one (1) other member of the Board
of Trustees, or six (6) voting members of the Association. The place of the meeting shall be
designated and may be changed from time to time by the Board of Trustees.
8.4 Notice of Meetings of the Members. A notice of every annual and any special
meetings of the members shall include the date, time, place and purpose of the meeting and be
posted on the bulletin board of the Association, or if no bulletin board, on the door of its usual
meeting room; and in accord with Minnesota Statutes, Section 317A.433 Sub 4, business at a
special membership meeting must be limited to the stated purpose; and further in accord with
Minnesota Statutes Section 317A.435, each voting member shall be provided at least five (5), but
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not more than sixty (60) days, before the meeting, (excluding the date of the meeting) with notice
setting forth the date, time, place, and purpose of the meeting.
8.5 Member Quorum. Sixty (60) percent of the Active Members of the Association
shall constitute a quorum for the transaction of business at their meetings.
8.6 Member Voting. Each Active Member present at the meeting shall be entitled to
one (1) vote. All votes, unless specified prior to the vote, shall be conducted by a voice vote. If
a majority cannot be determined by voice vote, the officer in charge of the vote shall ask for a show
of hands or for a secret ballot. Voting by proxy/absentee ballot will be allowed under Section 4.5. A
voting "majority" is majority of the quorum, not majority of the entire association membership.
8.7 Regular Meetings of the Board of Trustees. Meetings of the Board of Trustees
shall be held one week prior to the regularly scheduled membership meeting in the months of
January, April, July, and October. February,°' ''�* 1 �� d ��=rber Meetings of the
Board of Trustees shall be held at the Fire Station #1 unless noticed for another place within the
City as designated by the Board.
8.8 Special Meetings of the Board of Trustees. Special meetings of the Board of
Trustees may be called at any time upon the written order of the President and one (1) other
member of the Board of Trustees. The meeting shall be held at the Fire Station #1 unless noticed
for another place within the City as designated by the Board.
8.9 Notice of Meetings of the Board of Trustees. The association is governed by
Minnesota Statutes, Section 13D.01 which requires that all meetings of the Association's Board
of Trustees be open to the public with rare exceptions. All notices provided for in this Article
shall comply with Minnesota Statutes, Section 13D.04 which requires at a minimum that:
(a) a schedule of any regular meetings of the Board of Trustees be kept on file at the
Association offices, and
(b) for special meetings, a notice stating the date, time, place and purpose of the
meeting be posted on the bulletin board of the Association, or if no bulletin board,
on the door of its usual meeting room; and in accord with Minnesota Statutes,
Section 317A.231, each Trustee shall be provided at least three (3), but not more
than sixty (60) days, before the meeting, (excluding the date of the meeting) with
notice setting forth the date, time, place, and purpose of the meeting.
8.10 Board Quorum. A majority of the Board of Trustees then in office shall constitute
a quorum for the transaction of business at its meetings.
8.11 Board Voting. Unless the Articles or Bylaws specify otherwise, an action of the
Board shall be affected by a majority vote of the Trustees present and eligible to vote once a
quorum has been achieved. The officer in charge of a vote shall ask for a show of hands but shall
not allow for a secret ballot nor proxy, and each vote shall be recorded in a public journal. No
action shall be considered once a quorum has been lost.
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8.12 Electronic Meeting Prohibited. Any meeting of the Board of Trustees or the
membership by solely electronic means (e.g., e-mail, simulchat or phone conference) that is not
accessible to the public at a set meeting location is prohibited.
8.13 Order of Business. At any annual, regular and all special meetings, the order of
business shall be as follows:
(a) Call to order by the President
(b) Roll call (verify quorum)
(c) Secretary's Report (reading of previous minutes)
(d) Treasurer's Report
(e) Report of the Board (member meeting)
(f) Report of other committees (Board or member meeting)
(g) Election of Trustees and Officers, if applicable (annual member meeting)
(h) Old Business
(i) New Business
(j) Adjournment
ARTICLE IX
FIDUCIARY RESPONSIBILITY
9.1 Board of Trustees. Each member of the Board of Directors, also acts as a trustee
of the Special Fund. The Board of Directors therefore also acts as the Board of Trustees. The
Board of Trustees is charged with administering retirement and ancillary benefits under the
Special Fund, and the Trustees are fiduciaries subject to the standard of care set forth in
Minnesota Statutes, Section 11A. 09 and Section 356A.04. This includes specifically assuming
such additional duties as may be described in Association policies and procedures or required by
state law, including:
(a) adopting an investment policy;
(b) providing written investment restrictions to brokers;
(c) securing certificates of insurance; and
(d) establishing a continuing education plan to keep abreast of their fiduciary
responsibilities.
9.2 Prohibited Transactions. No fiduciary of the Association shall cause the
Association to engage in a transaction if the fiduciary knows or should know that a transaction
constitutes one (1) of the following direct or indirect transactions:
(a) sale or exchange or leasing of any real estate between the Association and a Board
member;
(b) lending of money or other extension of credit between the Association and a
Board member or member of the Association;
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(c) furnishing of goods, services, or facilities between the Association and a Board
member;
(d) transfer to a Board member, or use by or for the benefit of a Board member, of
any assets of the Association. Transfer of assets does not mean the payment of
Association benefits or administrative expenses permitted by law; or
(e) sale, exchange, loan, or lease of any item of value between the Association and a
fiduciary of the Association other than for a fair market value and because of an
arm's-length transaction.
9.3 Fiduciary Responsibilities Apart from the Special Fund. Although the title
"Trustee" is applied to members of the Board of Directors of the Association, the fiduciary
standard that Directors are subject to is two -tiered as a matter of State law. With respect to the
Association's Special Fund, Trustees are required to meet a standard of care that applies to
fiduciaries under Minnesota Statutes, Section 11A. 09 and Section 356A.04, as described above.
With respect to business and management decisions not including decisions related to the Special
Fund, all Trustees are required to meet a standard of care that applies to nonprofit corporation
Directors under Minnesota Statutes, Section 317A.251. These decisions include, but are not
limited to, business decisions regarding fund-raising activities, and disposition of and
management of the General Fund. Accordingly, in their decision -making and management,
Trustees must discharge the duties of their position in good faith, in a manner the Director
reasonably believes to be in the best interests of the Association, and with the care an ordinarily
prudent person in a like position would exercise under similar circumstances. Directors are not,
in accord with that same statutory section, considered "Trustees" with respect to the Association
or with respect to property held or administered by the Association.
9.4
a conflict:
Conflict of Interest Procedures. When a member(s) of the Board of Directors has
(a) Each member of the Board of Directors, whether acting as a Director or as an
Officer of the Association, has a duty to disclose to the Board (or to any
committee of the Board) the material facts of any proposed transaction or action
of the Association in which they or a Relative have a Material Financial Interest.
(b) The disclosure required under (a) (above) must be made, to the extent possible,
prior to any consideration of such proposed transaction or action by the Board
of Directors or by any applicable committee of the Board of Directors. If a Board
member does not recognize the existence of a conflict prior to the Board of
Director's decision regarding the transaction, that person has a duty to disclose
the material facts of the conflict as soon as the conflict is recognized.
(c) The Board member having a conflict shall not participate in the deliberation or
decision regarding the matter under consideration and shall leave the room during
deliberations except when he has been invited by the Board or committee to
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participate, after consideration of the significance to the Association of the
disclosed conflict. The Board of Directors or committee may also request that he
provide the Association with any relevant information known to the Board
member regarding the matter.
(d) Any proposed transaction or action in which the Board of Directors has
determined that a Director has a conflict of interest that is not "de minims" is to
be approved by a majority of all the Board of Directors then -serving who would
be entitled to vote and who are not interested Board members at a meeting at
which a quorum is present (i.e., by a Supermajority of the entire Board of
Directors not including a Board member(s) who has a conflict of interest), even
though the non -conflicted directors may constitute less than a quorum).
Deliberations by the Board of Directors regarding the conflict shall be
documented in Board minutes no later than 60 days following the subject
meeting. The votes of each Board member in support or in opposition to the
transaction or action shall be noted.
(e) All Board members are obligated to notify the Board of Directors if they believe
another Board member has failed to disclose a conflict, and this procedure shall
be followed by the Board of Directors in all such instances.
ARTICLE X
FUNDS
10.1 Funds. All money received by the Association shall be kept in two (2) separate
funds, the General Fund and the Special Fund. Disbursements from the funds shall be in
accordance with Minnesota Statutes and Rules and the Bylaws of the Association.
10.2 General Fund. The funds received by this Association from: dues, donations,
fines, initiation fees, entertainment revenues and any moneys donated for unspecified uses shall
be kept in the General Fund and may be disbursed upon a majority vote of the membership or of
the Board of Trustees for any purpose reasonably suited to promote the welfare of the
Association and its members. All expenses shall be paid out of the General Fund, except as
specifically authorized to be disbursed from the Special Fund. These records shall be open for
inspection by any member of the relief association at reasonable times and places.
10.3 Special Fund. All funds received by this Association from any tax sources,
membership dues, except for dues payable as contributions to the General Fund, and other
money that may be directly donated or transferred to said funds, shall be kept in a separate
account on the books of the Treasurer known as the Special Fund and shall be disbursed only for
the following purposes:
(a) Payment of members' service pension benefits in accordance with these Bylaws,
(b) Payment of ancillary benefits in accordance with these Bylaws,
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(c) Payment of fees, dues and assessments to the Minnesota State Fire Department
Association and to the Minnesota Area Relief Association Coalition,
(d) Payment of insurance premiums to the Volunteer Firefighters Benefit Association,
or an insurance company licensed by the State of Minnesota offering casualty
insurance, and
(e) All administrative expenses authorized under Minnesota Statutes, Section 69.80.
These records shall be public and open for inspection by any member of the relief
association, any officer or employee of the state or municipality, or any member of the public, at
reasonable times and places.
10.4 Deposits. All money belonging to this Association shall be deposited to the credit
of the Association in such banks, trust companies, or other depositories as the Board of Trustees
may designate. Board of Trustees shall make deposits in conformance with Minnesota Statutes,
the Bylaws and the investment policy.
ARTICLE XI
APPENDICES INCORPORATED IN BYLAWS
The following appendices attached hereto are expressly incorporated herein as a component of these
Bylaws, with the same legal force and effect of Bylaws.
Appendix A: Bylaw Amendment History
Appendix B: Shakopee Fire Department Relief Association Defined Benefit Lump Sum
Retirement Plan
Appendix C: Benefit Levels
Appendix D: Officer Compensation Levels
Appendix E: Intentionally Left Blank
Appendix F: Special Laws
ARTICLE XII
AMENDMENTS
12.1 Amendment of Articles of Incorporation by Members. Amendments to the
Articles of Incorporation must be approved by a majority of the Board of Trustees and by a
majority of the Active Members. The exception is changing the relief association's physical
address; in that case, the Board of Trustees may amend the Articles of Incorporation without
member approval. If an amendment is initiated by the Directors, proper notice of the proposed
amendment must precede a meeting of the members at which the amendment will be considered
and must include the substance of the proposed amendment. If an amendment is proposed, the
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members may demand a meeting of the Board of Trustees within 60 days for consideration of the
proposed amendment if a regular meeting of the Board would not occur within 60 days.
12.2 Amendment of Articles of Incorporation by Board when Authorized by Members.
When authorized by Active Members, the Articles of Incorporation may be amended by the
Board of Trustees by the affinnative vote of a majority of the Trustees then in office, at a
meeting for which notice of the meeting and the proposed amendment have been given. The
members may prospectively revoke the authority of the Board to exercise the power of the
members to amend the Articles, except for amending the relief association's physical address,
which the Board can amend without member approval. Nothing in this Section shall be
construed to permit the Board to adopt, amend, or repeal provisions in the Articles that would
alter the rights of the membership.
12.3 Amendment of Bylaws by Board. The Bylaws of the Association may be
amended by the Board at any regular or special meeting of the Board by a vote of the majority
present and voting, provided that a quorum is present; and provided further that a notice of date,
time, place, purpose of the meeting and proposed amendment be posted on the bulletin board of
the Association, or if no bulletin board, on the door of its usual meeting room, and in accord with
Minnesota Statutes, Section 317A.231, each Trustee has been provided at least three (3), but not
more than sixty (60) days, before the meeting, (excluding the date of the meeting) with notice
setting forth the date, time, place, purpose of the meeting and proposed amendment.
Board Limitations of Bylaw Amendments. Nothing in this section shall be construed to permit the
Board to adopt, amend or repeal provisions regarding:
(a) Amending in any way the definition of "Active Service" set forth in the Plan attached
hereto
(b) Decreasing any benefit level set forth in the Plan attached hereto
(c) Changing the deferred interest percentage set forth in the Plan attached hereto
(d) Changing the vesting schedule set forth in the Plan attached hereto
(e) Membership (Article IV)
(f) Compensation (Section 6.8)
(g) Elections (Article VII)
(h) Member Quorum (Section 8.5)
(i) Revise the number of Members required to amend the Bylaws (Section 12.4)
(j) or limit the right of at least ten percent of the membership to propose a resolution for
action by the members to adopt, amend, or repeal Bylaws that the Board has acted to
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adopt, amend or repeal pursuant to this section.
12.4 Amendment of Bylaws by Members. The Bylaws of the Association may be
amended at any regular or special meeting by a vote of two-thirds of the Active Members present
and voting, provided that a quorum is present; and provided further that notice of any proposed
amendment(s) shall be given by posting or reading the same at any regular or special meeting not
more than thirty-one (31) days preceding that upon which such amendment(s) are to be acted
upon (excluding the date of the meeting).
12.5 Ratification of Amendments by Municipality. If the Association amends its
bylaws to affect the amount of, the manner of payment of, or the conditions for qualification for
service pensions or ancillary benefits or disbursements other than administrative expenses, it
may be necessary to obtain ratification of the amendment by the Municipality as described in
Section 8.1 of Appendix B.
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APPENDIX A
SHAKOPEE FIRE DEPARTMENT RELIEF ASSOCIATION
Bylaw Amendment History
For a complete summary of the amendments and, if applicable, the Board's rationale and purpose
for the change, refer to the Board of Trustee meeting minutes listed with the effective date of the
applicable amendment listed hereunder.
Effective Dates
Meeting Minutes
Summary of Change
May 7, 2019
April 22, 2019 (Board of Trustees)
April 22, 2019 (Membership)
Bylaw changes: 8.2 Meetings changed to quarterly
held on the fourth Monday. 8.7 Board meetings
schedule changed to quarterly. App. C added 2019
benefit level increase. App. D added salary for Vice
President position, and Trustee. Changed version
from V2018-1 to V2019-1.
May 1, 2018
April 16, 2018 (Board of Trustees)
April 16, 2018 (Membership)
February 26, 2018 (Board of
Trustees)
February 26, 2018 (Membership)
Bylaw changes: spelled out Mayor and Finance
Director as Board of Trustees 5.1, meetings changed
to every other month 8.2, Board meetings schedule
change 8.7. appendix b.2.1.g 30 day tracking,
changed up to 5% to of 5% appendix b.4.3, added
including deferred interest appendix b.4.5.b, added
2018 benefit level increase app. C, changed version
from V2017-2 to V2018-1.
July 18, 2017
April 20, 2015 (Membership)
May 18, 2015 (Membership)
May 15, 2017 (Membership)
May 15, 2017 (Board of Trustees)
June 19, 2017 (Membership)
Bylaw changes: added 501(c)(3) exempt status,
added 4.3 VFBA dues, amended 5.1 to read active
members with at least one year of service, amended
7.1 to name Trustees 1 & 2, 7.4 removed "from
among the elected Trustees" for voting on Officers,
8.1 deleted "or May", 8.2 changed missed meetings
to following third Monday of the month. Amended
appendix C&D for benefit and salary changes.
November 12, 2014
(Document)
November 12, 2014 (Board of
Trustees)
September 15, 2014 (Membership)
Restatement of Bylaws and Appendices in their
entirety, moving from version 2014-1 to version
2014-2. Only change is increase in Treasurer's
Salary.
August 1, 2014
(Document)
August 1, 2014
(Benefit level; see Appendix C)
July 21, 2014 (Board of Trustees)
NR (Membership)
Restatement of Bylaws and Appendices in their
entirety, moving from version 6 of the MNFPC
Bylaw SolutionTM to version 2014 (v7).
March 26, 2012
(Document)
August 31, 2005
(Benefit level; see Appendix C)
March 26, 2012 (Board of Trustees)
NR (Membership)
See Appendix C for Municipality minutes
Restatement of Bylaws and Appendices in their
entirety, moving from version 5 of the MNFPC
Bylaw SolutionTM to version 6.
November 1, 2010
February 21, 2008 and
Restatement of Bylaws and Appendices in their
Appendix A V2019-1
A-1
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(Document)
August 31 , 2005
(Benefit level; see Appendix C)
August 24, 2009 (Board of Trustees)
September 21, 2009 (Membership)
See Appendix C for Municipality minutes
entirety as part of subscribing to the MNFPC Bylaw
SolutionTM version 5 that provides model
documents, administrative forms, and trustee
support.
NA means not available.
NR means not required.
TBD means to be determined
Appendix A V2019-1 A-2
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APPENDIX B
SHAKOPEE FIRE DEPARTMENT RELIEF ASSOCIATION
DEFINED BENEFIT LUMP SUM RETIREMENT PLAN
These model documents are drafted to conform to Minnesota state laws relating to relief association pension plans
for volunteer firefighters. The model documents are not drafted to meet the requirements of tax -qualified retirement
plans under the Internal Revenue Code, and it is doubtful that the model documents can meet those requirements.
Minnesota Firefighter Pension Consultants, LLC (MNFPC, LLC) makes no representation regarding the
status of the plans under federal or state tax laws. MNFPC, LLC recommends that Relief Associations
consult their own tax advisors regarding the treatment of the plan and distributions from the plan under
state and federal tax laws.
MNFPC, LLC is not a law firm. We recommend review by your legal counsel of model documents before adoption.
Appendix B V2018-1
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TABLE OF CONTENTS
Page
ARTICLE 1 NAMES, PURPOSE AND OTHER GENERAL INFORMATION 1
1.1 Name of Municipality 1
1.2 Name of Fire Department 1
1.3 Name of Relief Association 1
1.4 Federal Taxpayer Identification Number 1
1.5 Name of Plan 1
1.6 Original Effective Date of Plan 1
1.7 Purpose 1
ARTICLE II DEFINITIONS AND INTERPRETATION 1
2.1 General Definitions 1
2.2 Interpretation 4
ARTICLE III VESTING 4
3.1 Full Vesting of Accrued Benefit 4
3.2 Partial Vesting of Accrued Benefit 4
3.3 Determining Years of Active Service for Vesting 5
ARTICLE IV BENEFITS 5
4.1 Retirement Benefit 5
4.2 Return To Service 6
4.3 Deferred Interest 7
4.4 Disability Benefit 7
4.5 Survivor Benefit 8
4.6 Funeral Benefit 9
4.7 Supplemental Benefit 9
4.8 Supplemental Survivor Benefit 9
4.9 Benefit Payment Requests 9
4.10 Forms of Payment 10
4.11 Maximum Limitation on Benefits 10
4.12 Required Distributions 10
4.13 Unclaimed Benefits 10
ARTICLE V APPEALS PROCEDURE 11
5.1 Right of Appeal 11
5.2 Denial of Benefits 11
5.3 Review Procedure 11
ARTICLE VI CLAIMS AGAINST BENEFICIAL INTEREST 11
6.1 Nonassignability 11
6.2 Charge for Litigation 12
6.3 Domestic Relations Orders 12
Appendix B V2014-2
Page 33 of 165
ARTICLE VII UNIFORMED SERVICE (MILITARY SERVICE) 13
ARTICLE VIII RIGHT TO AMEND, DISCONTINUE OR TERMINATE 14
8.1 Amendment 14
8.2 Consolidation and Plan Benefits 14
8.3 Termination of Plan 15
ARTICLE IX MISCELLANEOUS 15
9.1 Governing Law 15
9.2 Binding Effect 15
9.3 Effective Date Application 15
9.4 Authority of Board of Trustees 15
Appendix B V2014-2 ii
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SHAKOPEE FIRE DEPARTMENT RELIEF ASSOCIATION
DEFINED BENEFIT LUMP SUM RETIREMENT PLAN
The Board of Trustees of the Relief Association amends and restates its existing defined
benefit pension plan in its entirety for the benefit of its eligible members.
ARTICLE I
NAMES, PURPOSE AND OTHER GENERAL INFORMATION
1.1 Name of Municipality: City of Shakopee
1.2 Name of Fire Department: Shakopee Fire Department
1.3 Name of Relief Association: Shakopee Fire Department Relief Association
Address: 2700 Vierling Drive East, Shakopee, MN 55379
1.4 Federal Taxpayer Identification Number: 41-6031677
1.5 Name of Plan: Shakopee Fire Department Relief Association Defined Benefit Lump
Sum Retirement Plan
1.6 Original Effective Date of Plan: August 10, 1895
1.7 Purpose. The purpose of the Plan is to provide benefits to eligible members of the Relief
Association (Participants) and their lawful Beneficiaries.
ARTICLE II
DEFINITIONS AND INTERPRETATION
2.1 General Definitions. The following words and phrases when used herein shall have the
following meanings except as otherwise required by the context in which they are used:
(a) "Accrued Benefit" of a Participant shall mean the benefit determined under the
terms of the Plan, as of a specified date.
(b) "Active Service" shall mean active service as defined by the Shakopee Fire
Department Relief Association, as stated in Appendix B Section 2.1 bb, except
that Participants shall not receive credit for Active Service for hours during which
the Participant is:
(i)
a full- or part-time employee of the Fire Department who accrues pension
service credit under the Public Employees Retirement Association of
Minnesota Police and Fire Fund for the same firefighting service.
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Page 35 of 165
(c) "Alternate Payee" shall mean a spouse or former spouse of a Participant who is
recognized by a Domestic Relations Order as having a right to receive all, or a
portion of, a Participant's Beneficial Interest under the Plan, pursuant to
Minnesota Statutes, Section 518.58, Sub. 4.
(d) `Beneficial Interest" shall mean the amount of a Participant's Accrued Benefit
that is distributable to the Participant or the Participant's Beneficiary in
accordance with the terms of the Plan.
(e) "Beneficiary" shall mean any person entitled to receive benefits that may be
payable upon or after a Participant's death.
(f) "Board of Trustees" or "Board" shall mean the Board of Trustees of the Relief
Association.
(g) "Break in Service" shall mean a period as defined by the Fire Department in its
policies and procedures, during which the Participant does not meet Active
Service requirements. These periods shall be tracked in increments of 30
consecutive days within a calendar year. However, service restored pursuant to the
uniformed services provisions of Article VII shall be considered Active Service
and shall not be considered a Break in Service.
(h) "Bylaws" shall mean the duly adopted bylaws of the Relief Association.
(i) "Code" shall mean the Internal Revenue Code of 1986, and amendments thereto.
(j) "Disability" or "Disabled" shall mean the inability of a Participant to engage in
the performance of his or her duties by reason of a medically determinable
physical or psychological impairment that can be expected to last for a continuous
period of not less than twelve months or can be expected to result in death.
Disability may have been incurred in the line -of duty or outside the line -of duty.
A Participant's Disability shall be determined by the Board in its sole discretion.
(k) "Disability Benefit" shall mean the benefit, if any, paid to a Participant in lieu of
a Retirement Benefit, pursuant to Section 4.4.
(1) "Domestic Relations Order" shall mean any judgment, decree or order
(including approval of a property settlement agreement) that complies with the
provisions of Minnesota Statutes Sections 518.58 or 518.581.
(m) "Effective Date" of the Plan shall be the effective date referenced on the first
page of the Bylaws.
(n) "Entry Date" shall mean the date of hire as defined in the Fire Department
policies and procedures.
(o) "Participant" shall mean a member of the Relief Association who has accrued or
is accruing benefits under the Plan.
Appendix B V2019-1 B-2
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(p)
(q)
"Plan Year" shall mean the calendar year.
"Qualification Procedures" shall mean written procedures adopted by the Board
of Trustees to:
(i)
determine whether a Domestic Relations Order may be honored under the
law and the terms of the Plan; and
(ii) to administer distributions under such orders.
The procedures shall be implemented within a reasonable time after receipt of a
domestic relations order by the Board of Trustees. Qualification Procedures must
permit an Alternate Payee to designate a representative for receipt of copies of
notices sent to the Alternate Payee with respect to a Qualified Domestic Relations
Order.
(r) "Qualified Recipient" shall mean an individual who receives a lump sum
distribution of pension or retirement benefits, including disability benefits, from
the Relief Association for service performed as a Volunteer Firefighter, as it
relates to Section 4.7 herein.
(s) "Resumption of Active Service Requirement" shall mean the period of time
equal to the period of time that elapsed between the Participant's Separation Date
and return to Active Service pursuant to Section 4.2.
(t) "Retirement Benefit" shall mean the benefit payable to a Participant pursuant to
Section 4.1, but only after the Participant has met all eligibility requirements of
Section 4.1.
(u) "Separation Date" shall mean the date of retirement or termination as defined in
the Fire Department policies and procedures.
(v) "Special Fund" shall mean the fund established pursuant to Minnesota Statutes,
Section 424A.05 used to fund benefits under the Plan and for other purposes
permitted by statute. The assets of the Special Fund shall be invested only in
securities authorized by Minnesota Statutes, Section 69.775.
(w) "Supplemental Benefit" shall mean the benefit paid to a Qualified Recipient
pursuant to Minnesota Statutes, Section 424A.10, Sub. 2(a), as described in
Section 4.7.
(x) "Supplemental Survivor Benefit" shall mean the benefit, if any, paid to a
Surviving Spouse or minor Surviving Children pursuant to Minnesota Statutes,
Section 424A.10, Sub. 2(b), as described in Section 4.8.
(y) "Surviving Children" shall mean any natural or adopted child of a deceased
Participant.
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(z) "Surviving Spouse" shall mean the spouse of a deceased Participant who was
legally married to the Participant at the time of death.
(aa) "Survivor Benefit" shall mean the benefit paid to a Participant's Beneficiary
pursuant to Section 4.5.
(bb) "Volunteer Firefighter" shall mean any person who:
(i)
is engaged in providing emergency response services or delivering fire
education or prevention services as a firefighter for the Fire Department or
Municipality;
(ii) is trained in or is qualified to provide fire suppression duties or to provide
fire prevention duties under Minnesota Statutes, Section 424A.001, Sub.
8; and
(iii) meets any other minimum firefighter and service standards established by
the Shakopee Fire Department Relief Association. Attend a minimum of
35% of Fire calls and meet the Training Requirements of the municipal
fire department per calendar year.
(cc) "Year of Active Service" shall mean each 12-month period of Active Service
commencing with a Participant's Entry Date or anniversary thereof reduced by the
Participant's Break(s) in Service. This definition shall be used for the purposes of
calculating the minimum funding requirements and computing benefits or service
pensions payable. Service pensions will not be prorated monthly for fractional
Years of Active Service pursuant to Minnesota Statutes, Section 424A.02, Sub. 1.
2.2 Interpretation. The words defined in this Article 2 shall have the meanings assigned to
them except where specified otherwise in this instrument. Whenever appropriate, words
used herein in the singular shall include the plural, the plural may be read as the singular,
and the masculine shall include the feminine.
ARTICLE III
VESTING
3.1 Full Vesting of Accrued Benefit. A Participant shall have a fully vested and non -
forfeitable interest in the Participant's Accrued Benefit upon completion of 20 Years of
Active Service.
3.2 Partial Vesting of Accrued Benefit. The following vesting schedule shall apply to a
Participant with fewer than 20 Years of Active Service:
Years of Active Service
5 but less than 6
6 but less than 7
Appendix B V2019-1 B-4
Vested Percentage
40%
44%
Page 38 of 165
7 but less than 8 48%
8 but less than 9 52%
9 but less than 10 56%
10 but less than 11 60%
11 but less than 12 64%
12 but less than 13 68%
13 but less than 14 72%
14 but less than 15 76%
15 but less than 16 80%
16 but less than 17 84%
17 but less than 18 88%
18 but less than 19 92%
19 but less than 20 96%
20 or more 100%
3.3 Determining Years of Active Service for Vesting. All Years of Active Service shall be
taken into account for purposes of determining a Participant's vested Accrued Benefit,
including Years of Active Service with the Fire Department prior to the Effective Date.
ARTICLE IV
BENEFITS
4.1 Retirement Benefit. (a) Eligibility. To be eligible to receive a Retirement Benefit a
Participant must satisfy each of the following requirements:
(i)
Have retired or ceased Active Service with the Fire Department as a
Volunteer Firefighter.
(ii) Be at least 50 years of age;
(iii) Have been a Volunteer Firefighter in the Fire Department;
(iv) Have been a member in the Relief Association; and
(v) Have the minimum Years of Active Service required for a non -forfeitable
interest (vested) in the Participant's Accrued Benefit.
(b) Amount. If so provided in Section 3.2, a Participant's Retirement Benefit shall be
determined as follows:
Years of Active
Benefit level in
Vesting
Service credited
multiplied
effect for
multiplied
percentage for
to Participant
by
Participant
by
completed Years
of Active Service
The benefit level is set forth in Appendix C. The Participant's benefit level will be the benefit
level in effect at the Participant's Separation Date. However, if the Participant had a Break in
Service, the Participant's benefit level shall be determined as described in Section 4.2.
Appendix B V2019-1
B-5
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Subject to the provisions of Section 8.1 of this Appendix B, benefit levels are subject to increase
and shall be effective as of the agreed upon effective date, provided that such increase shall not
apply to any Participant who ceased Active Service before the effective date of the increase.
Such Retirement Benefit shall not be paid before the later of the Participant's Separation Date or
the date the Participant attains age 50. The Retirement Benefit shall be paid at the time requested
by the Participant in a properly completed and accepted Retirement Benefit Payment Request
Form.
4.2 Return To Service. (a) Return to Service Before Payment of Retirement, Disability or
Survivor Benefit. If a Participant:
(i) Ceases Active Service with the Fire Department (incurs a Separation
Date),
(ii) Has not received a Retirement Benefit distribution from the Plan of the
Participant's vested Accrued Benefit, and
(iii)
Subsequently returns to Active Service after at least 60 days have elapsed,
the Participant shall qualify for increases in the benefit level implemented
during or after the Separation Date from Active Service and additional
Years of Active Service only if the Participant remains in Active Service
for the Resumption of Active Service Requirement. If the Participant has
not met this requirement by the time of the Participant's later Separation
Date, the Participant's benefit shall be the benefit level in effect at the time
of the Participant's prior Separation Date and Years of Active Service in
effect at the time of the Participant's prior Separation Date plus Years of
Active Service after the Participant's resumption of Active Service.
A Participant whose period of Break in Service does not exceed 365 consecutive days is exempt
from the minimum period of Resumption of Active Service Requirement.
(b) Return to Service After Payment of Retirement Benefit. If a Participant:
(i) Ceases Active Service with the Fire Department (incurs a Separation Date)
(ii) Receives a Retirement Benefit distribution from the Plan of the
Participant's vested Accrued Benefit,
(iii) Subsequently returns to Active Service after at least 60 days have elapsed,
the Participant shall be credited with additional Years of Active Service. A
Participant's Retirement, Disability or Survivor Benefit at the Participant's
later Separation Date shall be determined as follows:
Appendix B V2019-1 B-6
Page 40 of 165
Years of
Additional
Benefit level in
Vesting
Active Service
effect for
percentage for
credited to
multiplied
Participant as of
multiplied
completed
Participant after
by
the subsequent
by
Additional
the return to
service
Separation Date
Years of Active
Service
No Participant may be paid a service pension twice for the same period of Active Service.
4.3 Deferred Interest.
The Board of Trustees shall adjust a Participant's unpaid Retirement Benefit amount at an
interest rate of five percent, compounded annually from the first day of the month following the
date on which the Participant separated from Relief Association membership, whichever is later,
to the last day of the month immediately before the Participant becomes eligible to begin receipt
of, and applies for, the Retirement Benefit. The interest rate is set forth in Appendix C.
4.4 Disability Benefit. A Participant who becomes Disabled while in Active Service may be
eligible for a Disability Benefit in lieu of a Retirement Benefit. A Participant who becomes
Disabled while on leave for uniformed services under Article VII shall be deemed to have
become Disabled while in Active Service. A Participant's Disability Benefit shall be determined
as follows:
Years of Active Service
credited to Participant
multiplied
by
Benefit level in effect when
Participant becomes Disabled
The benefit level is set forth in Appendix C. Subject to the provisions of Section 8.1 of this
Appendix B, such dollar amount is subject to increase and shall be effective as of the agreed
upon effective date, provided that such increase shall not apply to any Participant who ceased
Active Service before the effective date of the increase.
Any Disability Benefit paid in accordance with this Section 4.4 shall be in lieu of all rights to
further service pension and survivors benefits.
The Participant shall be eligible to receive the Disability Benefit upon approval of the Board of
Trustees. A written report of a physician of the Participant's choice shall be required for payment
of a Disability Benefit. The report shall set forth the diagnosis and prognosis of the Disability,
disease or injury of the Participant and its probable duration of permanence. A Participant's
statement as to pain or other symptoms will not alone be conclusive evidence of Disability.
A Disability Benefit Payment Request form shall be submitted to the Board of Trustees within
six months after such Participant's Separation Date with the Fire Department. The form shall
describe the nature and cause of such Disability. The form shall be under oath by the Participant
or his/her immediate family. The determination of Disability shall be tabled until the next Board
meeting so that a physician of the Participant's choice may examine the Participant. The Board
of Trustees has the discretion to request that another doctor, selected by the Board of Trustees,
Appendix B V2019-1 B-7
Page 41 of 165
examine the Participant. Final determination of Disability will be based on the reports of at least
one doctor, and shall be determined by the Board of Trustees at the subsequent Board meeting.
If the Participant who applied for a Disability Benefit disagrees with the Board's determination,
the Participant may, within sixty (60) days from notice of such action of the Board of Trustees,
file a written appeal of the Board of Trustees' determination. The appeal will be decided under
the appeal procedures described in Article V.
4.5 Survivor Benefit. (a) Eligibility. For a Participant's Beneficiary to be eligible to receive
a Survivor Benefit, the Participant must have satisfied the following requirements:
(i) Have died in Active Service with the Fire Department; or
(ii) Have died prior to receiving his Retirement Benefit.
A Participant who dies while on leave for uniformed service under Article VII shall be deemed
to have died while in Active Service.
(b) Amount. If a Participant in Active Service dies, the Participant's Beneficiary shall
receive a lump sum payment equal to 100% of the Participant's Accrued Benefit.
If a Participant who has retired from or ceased Active Service dies, the Participant's Beneficiary
shall receive a lump -sum Survivor Benefit determined as follows:
Vesting
Including
Years of Active
Benefit level in
percentage for
earned
Service credited
multiplied
effect for
multiplied
completed
deferred
to Participant
by
Participant
by
Years of Active
Service
interest, if
applicable
The Survivor Benefit level will be the benefit level in effect at the Participant's Separation Date.
However, if the Participant had a Break in Service, the Survivor Benefit level shall be
determined as described in Section 4.2.
Such Survivor Benefit shall be paid to the Participant's Beneficiary as soon as administratively
feasible following the Participant's death and the approval of the Survivor Benefit Payment
Request form.
A Participant's Beneficiary shall be as follows:
(i)
the Participant's Surviving Spouse; or
(ii) if no Surviving Spouse, the Participant's Surviving Children or if so
designated as a Beneficiary by the Participant, a trust for the benefit of the
Participant's Surviving Children created under Chapter 501B; or
(
i) if no Surviving Spouse or Surviving Children, the Participant's designated
Beneficiary or Beneficiaries. To designate a Beneficiary, the Participant
Appendix B V2019-1 B-8
Page 42 of 165
shall complete, sign and file with the Relief Association a designation of
Beneficiary on a form to be provided by the Relief Association or by other
written form acceptable to the Relief Association. On said form, the
Participant shall designate a Beneficiary, which must be a natural person,
or a designated trust created under Chapter 501B of the Minnesota
Statutes that shall be paid any sum that may be payable on account of the
Participant's death (reserving, however, to the Participant the power to
change the designation of Beneficiary using the Change of Beneficiary
Designation form); or
(iv) if no designated Beneficiary or Beneficiaries, to the estate of the
Participant.
If there is a Surviving Spouse, but no Surviving Children, the Surviving Spouse may waive in
writing all or a part of the Survivor Benefit otherwise payable to the Surviving Spouse, in which
event, the Survivor Benefit waived shall be paid as if the spouse had predeceased the Participant.
4.6 Funeral Benefit. No Funeral Benefit shall be paid under this Plan.
4.7 Supplemental Benefit. Upon payment of a lump sum distribution, the Relief Association
must pay a Supplemental Benefit to the Qualified Recipient. The Supplemental Benefit may be
paid from the Special Fund. The amount of the Supplemental Benefit equals ten percent of the
lump sum distribution, excluding any interest paid during a period of deferral, but in no case,
may the Supplemental Benefit exceed $1,000.
4.8 Supplemental Survivor Benefit. Upon payment of a Survivor Benefit, the Relief
Association must pay a Supplemental Survivor Benefit to the Surviving Spouse, or, if none, the
Surviving Child(ren) of a Participant who had at least one (1) month of Active Service. The
Supplemental Survivor Benefit shall be paid in lieu of the Supplemental Benefit and shall be
paid from the Special Fund. The amount of the Supplemental Survivor Benefit equals twenty
(20) percent of the lump sum distribution, but in no case, may the Supplemental Survivor Benefit
exceed $2,000.
4.9 Benefit Payment Requests. Requests for benefit payment shall be in writing and filed
with the Relief Association not less than 90 days prior to the next Board meeting, unless
permitted earlier by the Board. Such request shall be made on the appropriate form described
below:
Requested Benefit Required Benefit Form
Retirement Retirement Benefit Payment Request
Survivor Survivor Benefit Payment Request
Appendix B V2019-1 B-9
Page 43 of 165
Disability Disability Benefit Payment Request
(if applicable)
Requests for Plan benefits shall be considered valid when approved by the Board. Upon
approval of the request, the Board shall pay the Participant within 90 days and provide notices to
the Participant as required by state or federal law with respect to pension or benefit payments,
including, if required, the Special Tax Notice Regarding Plan Payments.
4.10 Forms of Payment. Plan benefits payable to a Participant or Beneficiary shall be made in
single lump sum payment. The Participant shall specify that the payment be made in the manner
of:
(a) a check payment payable to the Participant or Beneficiary, subject to federal
income tax withholding, as may be required; or
(b) a direct rollover to an individual retirement account described in Section 408(a) of
the Code to the extent permitted by law, or
(c)
a transfer to the Participant's account in the Minnesota Deferred Compensation
Plan, to the extent permitted by law and the Minnesota Deferred Compensation
Plan.
No other forms of distributions are allowed under the Plan.
4.11 Maximum Limitation on Benefits. Notwithstanding any provision of the Plan to the
contrary, a Participant's benefit under the Plan shall not exceed the maximum amount permitted
under Section 415 of the Code. Service pensions shall be further limited to the maximum
amounts payable pursuant to Minnesota Statutes, Section 424A.02, Sub. 3.
4.12 Required Distributions. Notwithstanding any provision of the Plan to the contrary, a
Participant's benefit shall be paid to the Participant by April 1 of the calendar year following the
later of the calendar year in which the Participant attains age 70%2 or ceases Active Service. Such
distributions shall be determined and made in accordance with Section 401(a)(9) of the Code and
regulations promulgated there under, including the minimum distribution incidental benefit
requirement of Treasury Reg. Section 1.401(a)(9)-2, the provisions of which are incorporated
herein by reference.
4.13 Unclaimed Benefits. If the Relief Association is unable with reasonable effort to locate a
Participant or person/estate entitled to a Survivor Benefit under the Plan or applicable law, the
benefit distributable to such Participant or person/estate shall be forfeited and will be credited to
the Special Fund. Efforts to locate a Participant or person/estate must be documented. Forfeiture
shall occur no earlier than thirty-six (36) months after the Board concludes the Relief
Association was unable to locate such Participant or person/estate despite reasonable efforts to
do so.
Appendix B V2019-1 B-10
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ARTICLE V
APPEALS PROCEDURE
5.1 Right of Appeal. In the event the Board of Trustees denies a written request for a
Retirement, Disability or Survivor Benefit, the Participant or Beneficiary whose request was
denied (a "claimant") shall be entitled to appeal the determination.
5.2 Denial of Benefits. If a written request is not approved, the Board shall return the fonn to
the claimant within 30 days, noting which requirements the claimant does not meet. Thereafter,
the claimant shall be furnished with the opportunity to be heard by the Board, on the question of
whether the claimant meets all the eligibility requirements. A claimant who intends to appeal
must furnish the Board with a written notice of appeal within 30 days of receiving an adverse
determination.
5.3 Review Procedure. Upon receipt of the written notice of appeal, the Board of Trustees
shall hold a special meeting within 60 days. Timely notice of the meeting shall be given to the
claimant at least 15 days prior to the special meeting. The claimant shall have the reasonable
opportunity to be heard by the Board of Trustees at the special meeting with regard to the
negative determination. The Board shall decide the appeal and shall give the claimant written
notice of its decision.
The exhaustion of these claims procedures is mandatory for resolving every claim and dispute
arising under these Bylaws. Any legal action to recover benefits or to enforce or clarify rights
under the Bylaws must be commenced in the proper forum within 120 days after the claimant has
exhausted the claims procedures. For all purposes, knowledge of all facts that the Participant
knew or reasonably should have known shall be imputed to every claimant who is or claims to be
a beneficiary of the Participant or otherwise claims to derive an entitlement by reference to the
Participant. The Board has full discretion to determine benefit claims under the Bylaws. Any
interpretation, determination or other action of the Board shall be subject to review only if it is
arbitrary or capricious or otherwise an abuse of discretion. Any review of a final decision or
action of the Board shall be based only on such evidence presented to or considered by the Board
at the time it made the decision that is the subject of review.
ARTICLE VI
CLAIMS AGAINST BENEFICIAL INTEREST
6.1 Nonassignability. No Participant or Beneficiary shall have any transmissible interest in
the Plan or in the Participant's separate Beneficial Interest therein, either before or after the
vesting thereof, or in any of the assets comprising the same prior to actual payment and
distribution thereof, and shall have no power to alienate, dispose of, pledge or encumber the
same, while in the possession or control of the Plan, nor shall the Plan recognize any assignment
thereof, either in whole or in part, nor shall the interest of any Participant or Beneficiary be
subject to attachment, garnishment, execution or other legal process while in the hands of the
Plan, except as provided in Minnesota Statutes, Section 518A.53 or as otherwise provided
herein.
Appendix B V2019-1 B-11
Page 45 of 165
6.2 Charge for Litigation. In the event that any Participant or any person claiming by or
through a Participant should commence any equitable or legal proceedings against the Relief
Association, the result of which is adverse to the plaintiff, or in the event that the Relief
Association should find it necessary to commence any such proceeding against any Participant or
any person claiming by or through a Participant, the result of which is adverse to the defendant,
the cost to the Relief Association of defending or bringing the proceeding, as the case may be,
shall be charged, to the extent possible and permitted by law, to the Accrued Benefit of the
Participant and only the excess of such cost over the amount of the Participant's Accrued Benefit
shall be included as an expense of administration.
6.3 Domestic Relations Orders. Notwithstanding any provision to the contrary herein, the
Board of Trustees may assign the interest of a Participant in the Plan to an Alternate Payee
pursuant to a Domestic Relations Order. In the event the Plan receives a Domestic Relations
Order with respect to a Participant's Beneficial Interest in the Plan, the following provisions
shall apply:
(t) The Board shall promptly give written notification to the Participant and to the
Alternate Payee of receipt of a domestic relations order and of Plan Qualification
Procedures. The Board shall then proceed with Qualification Procedures to
determine whether the order is a Domestic Relations Order and can be honored.
The Board shall then notify the Participant and Alternate Payee (or the Alternate
Payee's designated representative) of its detennination.
(u) Disputed funds shall be disposed of as follows:
(i)
During the period in which the Qualification Procedures are in progress,
the Board shall separately account for any amounts that would be payable
to an Alternate Payee if the Domestic Relations Order can be honored.
(ii) If it is determined the Domestic Relations Order can be honored within the
18-month period commencing on the date payments are to begin under the
order, the Board shall pay the amounts designated in the order, including
any interest, to the Alternate Payee.
(iii) If the Board determines that the Domestic Relations Order cannot be
honored or if the 18-month period described in (ii) above elapses and the
qualification dispute has not been resolved, the Board shall pay the
segregated amounts, together with earnings or losses, if required, to the
persons who would have received the amounts if the order had not been
issued.
(iv) If an order is qualified after expiration of the 18-month period described in
(ii) above, payment of benefits to an Alternate Payee shall proceed
prospectively and the Plan shall not be liable to an Alternate Payee for
benefits attributable to the period prior to qualification.
Appendix B V2019-1 B-12
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(v) Payment of benefits pursuant to a Domestic Relations Order shall be made only as
permitted under the Plan. Payment to an Alternate Payee may not commence until
the Participant submits a valid Retirement Benefit Payment Request form and the
Participant's benefit becomes payable.
(w)
If a Domestic Relations Order does not address and determine the payment of the
Supplemental Benefit payable under Section 4.7 in connection with the payment
of a Retirement Benefit, the Supplemental Benefit shall be divided between the
Participant and the Alternate Payee in the same proportion as the Retirement
Benefit is so divided. In addition, the Board cannot honor a Domestic Relations
Order requiring that Supplemental Survivor Benefits be paid to anyone other than
the persons listed in Section 4.8 in the order there listed.
(x) To the extent permitted by law and except as otherwise provided under a
Domestic Relations Order, the Board may, on a uniform basis, charge the
reasonable and necessary expenses associated with the review of a Domestic
Relations Order and the implementation of a Domestic Relations Order to the
accounts of the Participant and Alternate Payee.
ARTICLE VII
UNIFORMED SERVICE (MILITARY SERVICE)
Subject to restrictions stated in this section, a Participant who is absent from firefighting service
due to service in the uniformed services, as defined in the Uniformed Services Employment and
Reemployment Rights Act ("USERRA"), will be granted Active Service credit under the Plan
for the period of the uniformed service, not to exceed five years, unless a longer period is
required under USERRA.
To be eligible for such credit, the Participant must return to firefighting service with coverage by
the Relief Association (or by the successor to the Relief Association) upon discharge from
service in the uniformed service within the time frame required in USERRA. However, Active
Service credit is not authorized if the Participant separates from uniformed service with a
dishonorable or bad conduct discharge or under other than honorable conditions.
Active Service credit is not authorized if the Participant fails to provide notice to the Fire
Department that the Participant is leaving to provide service in the uniformed service, unless it is
not feasible to provide that notice due to the emergency nature of the situation.
If the Participant does not return to Active Service with the Fire Department within the time
frame required in USERRA, then except as otherwise provided in the following sentence, it shall
be conclusively presumed that the Participant's Active Service terminated as of the date that the
leave for uniformed services began. A Participant who dies or becomes Disabled while the
Participant is on leave for uniformed services shall be deemed to have returned to Active Service
and shall be deemed to have accrued years of Active Service during the period of leave for
uniformed services.
Appendix B V2019-1 B-13
Page 47 of 165
ARTICLE VIII
RIGHT TO AMEND, DISCONTINUE OR TERMINATE
8.1 Amendment. Except as herein otherwise limited, the Relief Association shall have the
right to amend this Plan, pursuant to Section 12.3 of the Bylaws, at any time to any extent that it
may deem advisable. Such amendment will be stated in an instrument in writing executed by the
Relief Association. Upon adoption and execution of such instrument, this Plan shall be deemed
to have been amended in the manner therein set forth, and Participants shall be bound thereby.
No amendment which would affect the amount of, the manner of payment of, or the conditions
for qualification for service pensions or ancillary benefits or disbursements other than
administrative expenses authorized pursuant to Minnesota Statutes 69.80 payable from the
Special Fund shall be effective until it has been ratified by the governing body or bodies of the
Municipality.
If the Municipality is not required to provide financial support to the Special Fund, the Relief
Association may adopt an amendment of the Plan that increases or otherwise affects the service
pensions or ancillary benefits payable from the Special Fund without municipal ratification so
long as the changes do not cause the amount of the resulting increase in the accrued liability of
the Special Fund to exceed 90 percent of the amount of the prior surplus over full funding and
the changes do not result in the financial requirements of the Special Fund exceeding the
expected amount of the future fire state aid to be received by the Relief Association.
The financial requirements are to be determined by the Board of Trustees following the
preparation of an estimate of the expected increase in the accrued liability and annual accruing
liability of the Relief Association attributable to the change. If the Relief Association adopts or
amends the Plan without municipal ratification, and, subsequent to the amendment or adoption,
the financial requirements of the Special Fund are such so as to require financial support from
the Municipality, the provision that was implemented without municipal ratification shall no
longer be effective without municipal ratification, and any service pensions or ancillary benefits
payable with respect to the unapproved increase shall no longer be effective as of the January 1
of the year for which the Schedules I and II for the municipal contribution became due, and as of
that January 1, service pensions or ancillary benefits shall be paid only in accordance with
provisions of the Plan as amended or adopted with municipal ratification.
8.2 Consolidation and Plan Benefits. The Relief Association has not been consolidated with
another relief association pursuant to Minnesota Statutes, Section 424B.02.
Appendix B V2019-1 B-14
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8.3 Termination of Plan. Upon dissolution of the Relief Association, after the settlement of
nonbenefit legal obligations of the Special Fund, the Board shall transfer the remaining assets of
the Special Fund, as securities or in cash, as applicable, to the chief financial official of the
Municipality. The Board shall also compile a schedule of Participants to whom a service
pension is or will be owed, any Beneficiary to whom a benefit is owed, the amount of the service
pension or benefit payable based on the Bylaws and state law and the service rendered to the date
of the dissolution, and the date on which the pension or benefit would first be payable under the
Bylaws and state law.
The Municipality receiving the remaining assets of the Special Fund shall establish a separate
account in the municipal treasury to function as a trust fund for Participants and their
Beneficiaries eligible for Plan benefits. Upon submission of the proper form, on or after the
initial date on which the service pension or benefit is payable, the municipal treasurer shall pay
the pension or benefit due, based on the schedule described above and the other records of the
dissolved Relief Association. The trust fund must be invested and managed consistent with
Minnesota Statutes Section 69.775 and Chapter 356A. Upon payment of the last service pension
or benefit due and owing, any remaining assets in the trust fund may be transferred to the general
fund of the municipality. If the Special Fund had an unfunded actuarial accrued liability upon
dissolution, the Municipality is liable for that unfunded actuarial accrued liability.
ARTICLE IX
MISCELLANEOUS
9.1 Governing Law. This Plan shall be construed, administered, and governed in all respects
under the laws of the State of Minnesota, except as preempted by federal law.
If any Minnesota laws are applicable solely to the Relief Association, then an Appendix F will be
included to describe such laws.
9.2 Binding Effect. This Plan shall be binding upon and inure to the benefit of the heirs,
personal representatives, successors and assigns of all the parties hereto.
9.3 Effective Date Application. If a member's Separation Date is prior to the Effective Date,
the member's status and benefit under the Plan, if any, attributable to Active Service, shall be
determined and paid in accordance with the provisions of the Plan in effect at the Separation
Date.
If a member had a Separation Date prior to the Effective Date, but returns to complete a Year of
Active Service that ends after the Effective Date, the member's status and benefits under the Plan
for all Active Service shall be determined in accordance with the provisions of the Plan in effect
at the subsequent Separation Date.
9.4 Authority of Board of Trustees. The Board of Trustees shall have full power, authority
and discretion to do each and every act and thing which it is specifically required or permitted to
do under the provisions of the Plan and to determine conclusively for all parties all questions
arising in the interpretation or administration of the Plan.
Appendix B V2019-1 B-15
Page 49 of 165
APPENDIX C
SHAKOPEE FIRE DEPARTMENT RELIEF ASSOCIATION
Benefit Levels
Benefit Level
Effective Date
Benefit Level per
Year of Active
Service
Interest Rate for
Deferred Pension
Benefit
Date Benefit
Approved by
Municipality
August 1, 2019
$8,750
5%
May 7, 2019
August 1, 2018
$8,425
5%
May 1, 2018
August 1, 2017
$8,025
5%
July 18, 2017
August 1, 2016
$7,800
5%
December 17, 2013
August 1, 2015
$7,700
5%
December 17, 2013
August 1, 2014
$7,600
5%
December 17, 2013
August 31 , 2005
$7,500
5%
May 1 , 2001
NA means not applicable.
NR means not required.
TBD means to be determined
Appendix C V2019-1 C-1
Page 50 of 165
RESOLUTION NO. 7913
A RESOLUTION OF THE CITY OF SHAKOPEE, MINNNESOTA
APPROVING PENSION BENEFIT GUIDELINES FOR THE SHAKOPEE FIRE
DEPARTMENT RELIEF ASSOCIATION AND BENEFIT INCREASE EFFECTIVE
AUGUST 1, 2017
WHEREAS, the City of Shakopee (City) and the Shakopee Fire Department (SFD) strive
to provide excellent facilities and equipment while also compensating SFD Firefighters through
an hourly pay rate for service calls and through payment of a pension benefit for each year of
service. The pension benefit becomes partially vested after 5 years of credited service and fully
vested after 20 years of credited service; and
WHEREAS , the pension benefit is funded by the Shakopee Firefighters Relief Association
(SFDRA). The SFDRA investment portfolio increases in value through investment earnings,
insurance funds (referred to as the 2% money) and City contributions when the Funding Coverage
Percentage (PCP) falls below 100%, as mandated by Minnesota State Law. The PCP (often
referred to as the coverage ratio) equals total portfolio assets divided by total pension liabilities.
The FCP gives an indication of the funds available in comparison to the current liabilities; and
WHEREAS , the SFDRA operates independently of the SFD and manages the SFDRA
portfolio using best investment practices and professional managers that provide diversified and
balanced investment alternatives. The SFDRA Board oversees all aspects of the investment portfolio
which is summarized in the SFDRA Bylaws document; and
WHERAS, the City and the SFD strive to provide competitive firefighter compensation to
help attract and retain high quality personnel. The SFD recognizes that direct comparisons of
compensation are difficult. For example, the SFDRA currently provides a guaranteed 5% investment
option for retired members which many other organizations do not provide; and
WHEREAS , the SFDRA Board strives for adequate controls over pension benefit increases
to protect both the City and Firefighters' interests. Prudent investment management will minimize
the need for mandatory City contributions while also providing a pension benefit for SFD
Firefighters which is guaranteed by the City; and
WHEREAS , the SFDRA Board and the SFDRA membership recommend smaller, more
frequent pension benefit increases as more effective for all parties as opposed to larger, infrequent
benefit increases; and
WHEREAS , investment portfolio volatility may cause mandatory contributions in any given
year. Provisions should be taken to actively prepare for these risks. In addition, the SFDRA Board
will continue to perform yearly detailed financial analysis of the pension benefit through various
modeling techniques and recommendations from the investment professionals .
Appendix C V2019-1 C-2
Page 51 of 165
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SHAKOPEE, MINNESOTA , that the City Council approves the following pension benefit
guidelines and benefit increase effective August 1, 2017:
1. The SFDRA Board sets the benefit level for the SFDRA. The City Council ratifies a benefit
level based on the various limitations as defined in this resolution. For the purposes of this
resolution , ratify is defined as the City Council approval/guarantee of the pension benefit
level. "Ratify" is the statutory term used in Minn Stat. 424A.02 and 424A.092 to describe
this process.
2. Annually , at the April SFDRA Board meeting, the SFDRA Board will receive an
investment update from the selected professional investment managers recapping the past
year and outlook for the current year.
3. Annually, the City Council will review the previously ratified per year of service SFDRA
pension benefit and revise this resolution as needed to update the recommended policy
guidelines.
4. Annually, the process shall involve the following steps:
a. The SFDRA Board will calculate the Funding Coverage Percentage (FCP) (defined
as the ratio of investment portfolio assets divided by pension fund liabilities effective
December 31 st of the previous year, which values shall be confirmed by the SFDRA
auditor).
b. Any pension benefit increase request from above shall be contingent upon majority
approval by the SFDRA membership in April. This demonstrates the SFDRA Board
's commitment to the new pension benefit level.
c. The recommended implementation date of the new pension benefit level once all
contingencies are met would be August 1st of the current year to ensure the
completion of the final audit, obtain the necessary approvals from the City Council,
the SFDRA Board and membership, and the filing of bylaw amendments.
d. If the full SFDRA membership does not have majority approval of the same pension
benefit level approved by the City Council, the pension benefit level will remain
unchanged.
5. The recommended Funding Coverage Percentages and corresponding per year of service
pension benefit percentage increases are as follows:
a. FCP less than 112%: no increase
b. FCP 112% or greater but less than 117%: 3% increase
c. FCP 117% or greater but less than 122%: 4% increase
Page 52 of 165
d. FCP 122% or greater but less than 127%: 5%increase
e. FCP 127% or greater: 6% increase
6. In the event of a recommended increase pursuant to the above paragraph 5, the actual
dollar amount increase would be rounded up or down to the nearest twenty -five -dollar
increment.
7. As a further protection and control, there shall be no increases in the pension benefit for
one year after the last mandatory City contribution. This provides a buffer and additional
safeguard for the volatility that may occur when large market corrections occur.
8. All spreadsheets and financial models created by SFDRA Board members and investment
professionals should be regularly updated with current information and reviewed at the
annual pension benefit discussion in April.
9. These guidelines may be changed in the future by the City Council at its discretion.
10. As of December 31, 2016, the FCP was 114.4%. Therefore, based on the guidelines
outlined herein, the pension benefit increase effective for August 1, 2017 will be $225.00
per year of service for a combined annual pension benefit of $8,025.00 per year of
service. The City Council hereby approves this increase.
Adopted in the regular session of the City Council of the City of Shakopee, Minnesota
held this 1811, day of July, 2017.
ATTE
;ity
Mayor of the City of Shakopee
Page 53 of 165
APPENDIX D
FIRE RELIEF BOARD OFFICER COMPENSATION LEVELS
Officer
Position
Annual Salary
Date Benefit
Approved by Relief
Membership
President
$2,000
May 15, 2017
Vice President
$500
April 22, 2019
Secretary
$1,500
May 15, 2017
Treasurer
$2,000
May 15, 2017
Trustee
$250
April 22, 2019
Appendix D V2019-1 D-1
Page 54 of 165
APPENDIX E
Intentionally Left Blank
Appendix E V2019-1 E-1
Page 55 of 165
APPENDIX F
SHAKOPEE FIRE DEPARTMENT RELIEF ASSOCIATION
Special Laws
Shakopee
Laws 1976, Ch. 267 Service Pension
Laws 1979, Ch. 201 Sec. 44 Repealer of prior special laws
SOURCE: Minnesota Legislative Commission on Pensions and Retirement, "Laws Governing Volunteer Firefighter Relief
Associations (Updated through the 2004 Session)" http://www.commissions.leg.state.mn.us
NA means not applicable.
NR means not required.
TBD means to be determined
Appendix F V2019-1 F-1
Page 56 of 165
*4.C.1.
Shakopee City Council
May 7, 2019
FROM: Sherry Dvorak, Programming and Services Manager
TO: Mayor and Council Members
Subject:
Approve requests from JCI Shakopee and MN Ironman Bike Ride for Big Taste of Fun
featuring MN Ironman Bike Ride event to be held on Saturday, June 15, 2019.
Policy/Action Requested:
Approve the temporary on -sale liquor license and authorize requested street closure and
support of the Big Taste of Fun featuring MN Ironman Bike Race event hosted by
Shakopee Parks and Recreation Department, JCI Shakopee, MN Ironman and Free Bikes
for Kidz.
Recommendation:
Approve the above motions.
Discussion:
Staff was contacted in the fall of 2018 about being a site for a MN Ironman Bike Race in
2019. At that time, it was discussed that adding this event as well as the JCI Taste of
Shakopee to the annual Big Fun Day event would create a new large signature event for the
community.
Big Taste of Fun featuring Ironman MN Race will take place on Saturday, June 15, 2019 at
Huber Park. The day will start with the MN Ironman Bike Race, evolve into the Taste of
Shakopee and then close out the day with Big Fun Day activities.
MN Ironman Bike Race is a fundraising event for Free Bikes 4 Kidz. Free Bikes 4 Kidz is
a nonprofit geared towards providing clean refurbished bikes for kids in communities in
Minnesota. The MN Ironman Bike Ride will consist of three routes of varying distances
(37, 68.5 & 100 miles). All ride routes will start along First Avenue and will finish in Huber
Park. Barricades will be in place at uncontrolled intersections along the route.
Organizers have met with Shakopee Police Department and have
contracted safety personnel for the route within city limits.
Page 57 of 165
MN Ironman Bike Ride has requested a two block road closure of First Avenue between
Holmes and Sommerville Streets on Saturday, June 15 from 6-10 a.m., use of barricades and
garbage pickup. (map attached) MN Ironman will be charged for street closure signs.
JCI of Shakopee has applied for a temporary on -sale liquor license for this event. Liquor
sales will take place from 10 a.m. to 8 p.m. Participants will be carded and given wristbands
to purchase alcohol. Alcohol consumption will be limited to within the park boundaries. JCI
Shakopee is contracting with Shakopee Police for off duty staff from 2-6 p.m.
A timeline of the days activities and locations is attached for your review.
Budget Impact:
Staff time will be needed to drop off and pick up the picnic tables, barricades and clear the
streets for the event. This can be accomplished during normal working hours.
ATTACHMENTS:
Big Taste of Fun Event Grid
First Avenue E. Site Map
Page 58 of 165
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Page 59 of 165
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*4.D.1.
Shakopee City Council
May 7, 2019
FROM: Michael Kerski, Director of Planning and Development
TO: Mayor and Council Members
Subject:
Resolution of support for application to Minnesota Housing by Shakopee Housing Group,
LLC for Low Income Housing Tax Credits for 59 units targeting families at or below 60%
area median income
Policy/Action Requested:
Adopt Resolution R20219-056 supporting the application
Recommendation:
Adopt Resolution R2019-056 supporting the application for Low Income Housing Tax
Credits by Shakopee Housing Group, LLC for 59 units of targeted family housing serving
those with incomes at 60% or below the Area Median Income.
Discussion:
Shakopee has several Low Income Housing Tax Credit development that are either under
construction or approved and in the permitting phase including MWF's two building
development adjacent to Target and the Willows by CommonBond at Windermere.
The Core Crossing site would be located between the Marcus Theaters and Home Depot.
The proposed applicant is a LLC of the Sand Companies. Sand is currently developing the
Trio development in the same general area.
The proposed development would be mixed use with commercial on the first floor with
residential above. The development's location offers access to employment in the
surrounding area including numerous retail locations including Sam's Club, Walmart, Home
Depot and service locations such as Kindercare. There are groceries available in the area at
Aldi and Walmart. Because of the density of employment in the area, residents would have
the opportunity to be able to walk to work.
Directly to the west of the proposed development is Willy McCoy's, which is under
Page 61 of 165
construction along with another retail/restaurant pad.
Budget Impact:
ATTACHMENT S :
a Resolution
Page 62 of 165
CITY OF SHAKOPEE
RESOLUTION NO. R2019-56
RESOLUTION SUPPORTING THE SUBMISSION OF A LOW INCOME
HOUSING TAX CREDIT APPLICATION FOR WORK FORCE FAMILY
HOUSING AT CORE CROSSINGS
WHEREAS, the City of Shakopee, Minnesota (the "City") 2040 Comprehensive Plan calls for a diversity in
its housing base; and
WHEREAS, the City is a member of the Metropolitan Council's Livable Communities program; and
WHEREAS, the City is supportive of housing that is affordable for the community's work force; and
WHEREAS, the proposed development would create a mixed -use project that includes 59 units targeting
families at or below 60% of the Area Median Income for rents; and
WHEREAS, the project would remain affordable for a period of 40 years;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shakopee that
the city supports the submission of a Low Income Housing Tax Credit Application to Minnesota Housing, the state's
housing finance agency, for tax credits for the development of the project by Shakopee Housing Group, LLC at Core
Crossings in Shakopee.
Approved this 7th day of May 2019, by the Shakopee City Council.
ATTEST:
City Clerk
Mayor
Page 63 of 165
*4.E.1.
Shakopee City Council
May 7, 2019
FROM: Steve Lillehaug, Public Works Director/City Engineer
TO: Mayor and Council Members
Subject:
Advancement of the reconstruction of Wood Duck Trail.
Policy/Action Requested:
Authorize the advancement of a portion of the 2022 Pavement Rehabilitation Project CIF-
22-002 to reconstruct Wood Duck Trail between Hohenstein Court and Maple Trail.
Recommendation:
Approval as requested.
Discussion:
The Capital Improvement Plan (CIP) includes a 2022 Pavement Rehabilitation Project
CIF-22-002 (see attached CIP project summary). Wood Duck Trail is identified and
included as part of this future project; however, a segment of the Wood Duck
Trail pavement between Hohenstein Court and Maple Trail has failed to a point where
immediate and full reconstruction is warranted.
A project outline of the key steps to deliver a project of this nature typically consists of a
feasibility study, public improvement and assessment hearings, design and plan preparation,
public bidding for the construction of the improvements, and construction. With the
Council's authorization, city staff is prepared to immediately proceed with the project with a
goal of delivering and completing this portion of the project by mid -November 2019.
Of notable importance, the reconstruction of this portion of Wood Duck Trail was presented
to City Council in June 2011 for subsequent consideration in the CIP. However, the
rehabilitation was apparently tabled at the time, delaying the project a substantial amount of
time beyond the actual need, resulting in the current need for immediate
advancement. While it is not immediately clear as to why such an extensive delay
occurred for the rehabilitation of this segment of roadway, City Council meeting minutes
indicate that the assessment portion of the project was substantial based on an individual lot
Page 64 of 165
basis (e.g. estimated to be approximately $8,666 per lot). While this assessment amount is
high compared to most typical reconstruction projects in Shakopee, it should be noted that
the adjacent seven single family properties that would be responsible for assessments are
large lots greater than 2.5 acres with greater than 300-feet of frontage. Similarly high
assessment rates should be expected (computed per the city's Special Assessment Policy) as
the project progresses.
Budget Impact:
The CIP identifies a future project that includes the rehabilitation of Wood Duck Trail. As
part of the feasibility study and public hearings that will be scheduled this summer for the
project, detailed cost estimates and funding amounts will be provided to the City Council
for consideration. It is anticipated that special assessments and the Capital Improvement
Fund will be the funding sources.
ATTACFIMENTS:
CIP project sheet
Page 65 of 165
Capital Improvement Plan
City of Shakopee, Minnesota
2019 thru 2023
Project # CIF-22-002
Project Name 2022 Pavement Mill and Overlay
Accounting Code
Fund Capital Improvement Fund
Description
Department Capital Improvements Fund
Contact Public Works Director
Type Maintenance
Useful Life 20
Category Street Paving
Priority 1 Critical for Safety/Preservat
Status Active
Total Project Cost: $1,160,000
This project includes the bituminous overlay of various streets throughout the City, including upgrading sidewalk and trail pedestrian ramp
facilities.
Justification
This is a continuation of the City's Pavement Preservation Program to maintain existing infrastructure.
Expenditures
2019 2020 2021 2022 2023 Total
Construction/Maintenance
Engineering/Administration
1,065, 000 1,065,000
95,000 95,000
Total
Funding Sources
1,160,000 1,160,000
2019 2020 2021 2022 2023 Total
Capital Improvement Fund
Cost Sharing, SPUC
Sanitary Sewer Fund
Storm Drainage Fund
1,120,000
20,000
10,000
10,000
1,120,000
20,000
10,000
10,000
Total
1,160,000 1,160,000
PROJECT LOCATION
55
Page 66 of 165
*4.E.2.
Shakopee City Council
May 7, 2019
FROM: Ryan Halverson, Assistant City Engineer
TO: Mayor and Council Members
Subject:
Award a contract for the 12th Avenue Reconstruction Project CIF-19-004.
Policy/Action Requested:
Adopt Resolution R2019-051, awarding a contract in the amount of $2,869,489.38 to S.M.
Hentges & Sons, Inc., for the 12th Avenue Reconstruction Project CIF-19-004.
Recommendation:
Approve Resolution R2019-051.
Discussion:
The city's Capital Improvement Plan (CIP) contains the 12th Avenue Reconstruction
Project CIF-19-004. On March 19, 2019, the City Council adopted Resolution R2019-034
approving the plans and specifications, and authorizing bidding of the project.
In accordance with Minnesota Statute Section 471.347 Uniform Municipal Contracting
Law, bids were solicited and opened on April 25, 2019. Two bids were received. S.M.
Hentges & Sons, Inc., from Jordan, Minnesota, is the low bidder in the amount of
$2,869,489.38 (see the attached resolution for the bid tabulation summary). The bid amount
is 15.8 percent under the engineer's estimate of $3,322,575.83.
S.M. Hentges & Sons Inc., has the capacity and experience for the project and is deemed a
responsible bidder. They are prepared to begin work in May with an anticipated completion
in November 2019.
It should be noted that during design, a portion of 12th Avenue east of CSAH 83 was
removed from the project scope. Additional time is needed to coordinate and negotiate with
adjacent property owners to develop safe and efficient access layouts that consolidate the
multiple driveways that are in close proximity to the intersection of 12th Avenue and CSAH
83. This "Phase 2" portion of the project is continuing to be developed and is anticipated to
Page 67 of 165
be combined with another future Canterbury TIF project.
Budget Impact:
Based on the revised project scope, the updated total estimated project cost is as follows:
Construction Cost
Contingency (5%)
Subtotal
Easements
SRF Professional Services
Eng/Admin/Legal
$ 2,869,489.38
$ 143,000.00
$ 3,012,489.38
$ 100,000.00
$ 612,000.00
$ 100,000.00
Total Estimated Project Cost $ 3,824,489.38
The recommended total project budget of $3,824,489.38 plus the phase 2 work for 12th
Avenue on the east side of CSAH 83 is anticipated to be well under the CIP budget of
$7,200,000. The five percent contingency amount would cover any potential change orders,
quantity adjustments and other miscellaneous expenses encountered as part of the project.
The project is budgeted in the 2019 Capital Improvement Plan as part of the Canterbury
Commons Development Tax Increment Funding.
ATTACHMENTS:
▪ Resolution R2019-051
▪ CIP project sheet
Page 68 of 165
RESOLUTION R2019-051
A Resolution Accepting Bids for the
12' Avenue Reconstruction Project CIF-19-004
WHEREAS, pursuant to an advertisement for bids for the 12th Avenue Reconstruction,
Project CIF-19-004, bids were received, opened on April 25, 2019 and tabulated according to law,
and the following bids were received complying with the advertisement:
Bidder Amount
SM HENTGES & SONS INC $2,869,489.38
RYAN CONTRACTING CO $3,172,574.60
WHEREAS, it appears that S.M. Hentges & Sons Inc., 650 Quaker Avenue #200, Jordan,
MN 55352, is the lowest responsible bidder for the 12th Avenue Reconstruction Project;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SHAKOPEE, MINNESOTA, THAT:
1. The appropriate City officials are hereby authorized and directed to enter into a
contract with S.M. Hentges & Sons Inc., in the name of the City of Shakopee for the 12th Avenue
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
ATTEST:
City Clerk
day of , 2019.
VP W'AdministrationVCity Counci1A2019Al2th Avenue ReconVAward Contract
Mayor of the City of Shakopee
Page 69 of 165
Capital Improvement Plan
City of Shakopee, Minnesota
2019 thru 2023
Project # CIF-19-004
Project Name *Canterbury Commons -City Infrastructure Improv.
Accounting Code
Fund Capital Improvement Fund
Description
Department Capital Improvements Fund
Contact Public Works Director
Type Improvement
Useful Life 30
Category Street Construction
Priority 1 Critical for Safety/Preservat
Status Active
Total Project Cost: $31,300,000
As part of the proposed Canterbury Commons development, needed public infrastructure projects were identified within the Canterbury Commons
Areawide Transportation study. The following includes projects that were identified as local city infrastructure improvements to be paid for by the
Canterbury Commons TIF, both City lead and Developer lead projects:
Project 4: 2023 Eagle Creek BlvdNierling Drive Roundabout. City project, $1,400,000
Project 9: 2019 Shenandoah Drive. Canterbury Developer project, $8,400,000
Project 10: 2019 12th Avenue. City project, $6,850,000
Project 11: 2020 Barenscheer. Canterbury Developer project, $7,200,000
Project 13: 2022 Public Canterbury Commons Roadways (east side of development), Canterbury Developer project, $7,000,000
Project 14: 2019 Shenandoah Dr/12th Ave/Vierling Dr roundabout. City project, $350,000
Project 15: 2021 Areawide wayfinding system. Canterbury Developer project, $100,000
Right-of-way
Justification
Infrastructure improvements warranted as part of existing conditional traffic safety and operational needs and needed infrastructure as part of the
Canterbury Commons development.
Canterbury will be responsible for the "Cost Sharing" portion of this project, reimbursed via TIF. The City will issue G.O. Improvement Bonds
for the City's portion of the project, to be reimbursed via TIF (including interest).
Expenditures
2019 2020 2021 2022 2023 Total
Improvements
15,600,000 7,200,000 100,000 7,000,000 1,400,000 31,300,000
Total 15,600,000 7,200,000 100,000 7,000,000 1,400,000 31,300,000
Funding Sources 2019 2020 2021 2022 2023 Total
Capital Bonds 7,200,000 1,400,000 8,600,000
Cost Sharing 8,400,000 7,200,000 100,000 7,000,000 22,700,000
Total 15,600,000 7,200,000 100,000 7,000,000 1,400,000 31,300,000
40
Page 70 of 165
*4.E.3.
Shakopee City Council
May 7, 2019
FROM: Kirby Templin, Water Resources -Environmental Engineer
TO: Mayor and Council Members
Subject:
Metropolitan Council 2019 Citizen -Assisted Monitoring Program (CAMP) for water
quality sampling.
Policy/Action Requested:
Authorize execution of an agreement with the Metropolitan Council to participate in the
2019 Citizen -Assisted Monitoring Program (CAMP).
Recommendation:
Authorize execution of the agreement.
Discussion:
The City has participated in this partnership with the Metropolitan Council since 2002 to
complete lake water quality monitoring of Lake O'Dowd. The Metropolitan Council and
City staff have provided instruction and oversight to the volunteers.
The Citizen Assisted Monitoring Program involves the use of citizen volunteers to collect
in -lake samples from approximately 185 plus lakes in the Twin Cities Metropolitan Area.
The volunteers will collect surface water samples to be analyzed for total phosphorous (TP),
total Kjeldahl nitrogen (TKN), and chlorophyll -a (CLA). In addition, the volunteers will
measure surface water temperature, water transparency, and fill out a lake sampling form to
help describe the lake and weather conditions at the time of sampling. Lakes are scheduled
to be visited bi-weekly for a period determined by the Metropolitan Council and weather
conditions.
Sandy, Andrew, and Matt Boyce have agreed to complete monitoring Lake O'Dowd for the
2019 season. The Boyce family has completed monitoring as part of the CAMP program
since 2007. The 2019 monitoring began the week of April 22, 2019.
The cost associated with participating in the program in 2019 is $760. The Metropolitan
Page 71 of 165
Council charges the City for the analysis of the samples collected by the volunteers. The
City does receive a final report from the Metropolitan Council for all lakes monitored as
part of the program that is available for review.
Budget Impact:
The program is funded in the 2019 Surface Water fund.
ATTACHMENTS:
o Agreement
Page 72 of 165
Metropolitan Council Contract No. 19R022
INTERGOVERNMENTAL AGREEMENT BETWEEN THE
METROPOLITAN COUNCIL AND THE
CITY OF SHAKOPEE
THIS AGREEMENT is made and entered into by and between the Metropolitan
Council (the "Council") and the City of Shakopee (the "City"), each acting by and
through its duly authorized officers.
THE ABOVE -NAMED PARTIES hereby agree as follows:
I. GENERAL SCOPE OF AGREEMENT
The Council and the City agree to undertake a volunteer lake monitoring study in
order to provide an economical method of broadening the water quality database on lakes
in the Twin Cities Metropolitan Area.
II. SPECIFIC SCOPE OF SERVICES
2.01 Lake Monitoring Program. The City and the Council agree to jointly
undertake a volunteer lake monitoring program as specified below:
a. General Purposes of Program. The volunteer lake monitoring program
involves the use of citizen -scientist volunteers to monitor lakes in the
Twin Cities Metropolitan Area. The volunteers will collect surface water
samples which will be analyzed for total phosphorus (TP), total Kjeldahl
nitrogen (TKN), and chlorophyll -a (CLA). In addition, the volunteers will
measure surface water temperature, water transparency, and fill out a
monitoring form that describes the lake and weather conditions at the time
of the monitoring event. Lakes will be visited from April through October
of 2019 (the "Monitoring Period") for the number of times and at the
approximate intervals specified in paragraph (b) below. Each lake will be
sampled at the location as indicated on the site location map provided by
the Council. The Council will arrange for chemical analysis of the
samples either through its own laboratory or an outside laboratory.
b. Specific Lakes Involved. The following lakes and specific lake site(s)
listed below will be involved in the Council's Citizen -Assisted Lake
Monitoring Program (CAMP) in 2019.
Page 73 of 165
Metropolitan Council Contract #19R022
Lake name
DNR ID#
Number of
monitoring
events
Approximate
monitoring
interval
Quantity of
new kits
O'Dowd
70-0095
8 to 14
Biweekly
0
for:
2.02 City Responsibilities. The City agrees that it will have sole responsibility
a. Recruiting volunteers (who have access to a boat) to monitor the
lakes the City wishes to involve in the program as listed in section
2.01(b) above.
b. Providing the Council and/or volunteers with needed lake
information such as lake bathymetric maps and access locations.
c. Paying for the laboratory analysis cost of the samples collected by
volunteers which cost is included in the amounts specified in
Article III below.
d. Ensuring that the volunteers participate in the training program and
follow CAMP methods and procedures.
e. Ensuring that the volunteers fill out a monitoring form during each
monitoring event.
f. Picking up the samples and the lake monitoring forms from their
volunteers and delivering those items to the City's central storage
location. The City will be responsible for providing the central
storage location. The central storage location can be a Council
facility, but the City will be required to deliver the samples and
monitoring forms to this facility. The samples are required always
to be frozen.
g.
Storing its volunteers' samples until picked up by Council staff.
The samples are required always to be frozen.
h. Maintaining, storing, and restocking its monitoring kits.
i. Delivering and picking up its monitoring kits to and from their
volunteers.
2.03 Council Responsibilities. The Council agrees that it will:
a. Organize the survey.
2
Page 74 of 165
Metropolitan Council Contract #19R022
b. Provide training for the volunteers.
c. Pick up the samples and lake monitoring forms from the City's
central storage location and deliver them to the laboratory at
approximately 2-month intervals starting in June.
d. Review the results of the monitoring data.
e. Prepare a final report containing the physical, chemical, and
biological data obtained during the Monitoring Period and a brief
analysis of the data.
f. Provide quality control by collecting lake samples from random
lakes involved in the volunteer program. The resulting parameter
values will then be compared to the volunteers' results to
determine if any problems exist involving the volunteer's
monitoring activities and what should be done to correct the
problem.
g.
Provide and deliver to the City the expendable monitoring items
(e.g. sample containers, labels, filters, aluminum sheets, zip -style
plastic bags, and lake monitoring forms). The expendable
monitoring items will be delivered in the weeks preceding the start
of the monitoring season. The cost of the expendable monitoring
items is included in the annual participation fee.
III. COMPENSATION; METHOD OF PAYMENT
3.01 Payment to Council. For all labor performed and reimbursable expenses
incurred by the Council under this agreement during the Monitoring Period, the City
agrees to pay the Council the following amounts per lake site listed in section 2.01(b).
The participation fee will be billed for the contracted amount regardless whether the
volunteer collects samples from or monitors a lake site fewer times than the contracted
quantity.
Number of Monitoring
events
Participation Fee (excludes monitoring equipment)
8 to 14
$760
1 to 7
$380
For lake sites requiring monitoring equipment, the cost for a kit of monitoring
equipment is $225 per kit.
3.02 Payment Schedule. Payment of the total amount owing to the Council by
the City shall be made by October 30, 2019. An invoice specifying the amount owed by
the City will be sent under separate cover.
3
Page 75 of 165
Metropolitan Council Contract #19R022
3.03 Additional Analyses. The total amount specified in paragraph 3.01 does
not include the cost of any additional analyses requested by the City, such as analysis of
bottom samples. The Council will carry out any such additional analyses at the request of
the City and subject to the availability of Council resources for carrying out such
analyses. The Council will bill the City after the end of the Monitoring Period for any
such additional analyses at the Council's actual cost, and the City will promptly
reimburse the Council for any such costs billed. The costs for additional analyses are
provided in Exhibit A.
3.04 Replacement of Durable Equipment. The total amount specified in
paragraph 3.01 does not include the cost of replacing durable monitoring equipment, such
as thermometers, Secchi disks, filter holders, hand pumps, graduated cylinders, sampling
jugs, forceps, and tote boxes. The Council will provide and deliver durable monitoring
equipment that needs replacement upon request from the City. The Council will bill the
City for any such replaced durable monitoring equipment at the Council's actual cost, and
the City will promptly reimburse the Council for any such costs billed.
IV. GENERAL CONDITIONS
4.01 Period of Performance. The services of the Council will commence on
April 1, 2019, and will terininate on March 30, 2020, or following work completion and
payment, whichever occurs first.
4.02 Amendments. The terms of this agreement may be changed only by mutual
agreement of the parties. Such changes will be effective only on the execution of written
amendment(s) signed by duly authorized officers of the parties to this agreement.
4.03 City Personnel. Kirby Templin, or such other person as may be designated
in writing by the City, will serve as the City's representative and will assume primary
responsibility for coordinating all services with the Council.
Kirby Templin
City of Shakopee
485 Gorman St.
Shakopee, MN 55379
952-233-9372
4.04 Council's Contract Manager. The Council's Contract Manager for
purposes of administration of this agreement is Brian Johnson, or such other person as
may be designated in writing by the Council's Regional Administrator. The Council's
Contract Manager will be responsible for coordinating services under this agreement.
However, nothing in this agreement will be deemed to authorize the Contract Manager to
execute amendments to this agreement on behalf of the Council.
4
Page 76 of 165
Metropolitan Council Contract # 19R022
Brian Johnson
Metropolitan Council
2400 Childs Road
St. Paul, MN 55106
651-602-8743
4.05 Equal Employment Opportunity; Affirmative Action. The Council and
the City agree to comply with all applicable laws relating to nondiscrimination and
affirmative action. In particular, the Council and the City agree not to discriminate
against any employee, applicant for employment, or participant in this study because of
race, color, creed, religion, national origin, sex, marital status, status with regard to public
assistance, membership or activity in a local commission, disability, sexual orientation, or
age; and further agree to take action to assure that applicants and employees are treated
equally with respect to all aspects of employment, including rates of pay, selection for
training, and other forms of compensation.
4.06 Liability. Each party to this agreement shall be liable for the acts and
omissions of itself and its officers, employees, and agents, to the extent authorized by
law. Neither party shall be liable for the acts or omissions of the other party or the other
party's officers, employees or agents. Nothing in this agreement shall be deemed to be a
waiver by either party of any applicable immunities or limits of liability including,
without limitation, Minnesota Statutes, sections 3.736 (State Tort Claims) and chapter
466 (Municipal Tort Claims).
4.07 Copyright. No reports or documents produced in whole or in part under
this agreement will be the subject of an application for copyright by or on behalf of the
Council or City.
4.08 Termination of Agreement. The Council and the City will both have the
right to terminate this agreement at any time and for any reason by submitting written
notice of the intention to do so to the other party at least thirty (30) days prior to the
specified effective date of such termination. In the event of such termination, the Council
shall retain a pro-rata portion of the amounts provided for in Article III, based on the
number of monitoring events occurring for each lake before termination versus the total
monitoring events specified for each lake. The balance of the amounts will be refunded
by the Council to the City.
4.09 Force Majeure. The Council and the City agree that the City shall not be
liable for any delay or inability to perform this agreement, directly or indirectly caused
by, or resulting from, strikes, labor troubles, accidents, fire, flood, breakdowns, war, riot,
civil commotion, lack of material, delays of transportation, acts of God or other cause
beyond reasonable control of Council and the City.
4.10 Audits. Pursuant to Minn. Stat. Section 16C.05, Subd. 5 , the books,
records, documents, and accounting procedures and practices of Provider relative to this
agreement shall be subject to examination by the City and the State Auditor. Complete
5
Page 77 of 165
Metropolitan Council Contract # 19R022
and accurate records of the work performed pursuant to this agreement shall be kept by
provider for a minimum of six (6) years following termination of this agreement for such
auditing purposes. The retention period shall be automatically extended during the
course of any administrative or judicial action involving the City regarding matters to
which the records are relevant. The retention period shall be automatically extended until
the administrative or judicial action is finally completed or until the authorized agent of
the City notifies Provider in writing that the records need no longer be kept.
4.11 Relationship of Parties and their Employees. Nothing contained in this
agreement is intended, or should be construed, to create the relationship of co-partners or
a joint venture between the Council and the City. No tenure or any employment rights
including worker's compensation, unemployment insurance, medical care, sick leave,
vacation leave, severance pay, retirement, or other benefits available to the employees of
one of the parties, including indemnification for third party personal injury/property
damage claims, shall accrue to employees of the other party solely by the fact that an
employee performs services under this agreement.
4.12 Severability. If any part of this agreement is rendered void, invalid or
unenforceable such rendering shall not affect the remainder of this agreement unless it
shall substantially impair the value of the entire agreement with respect to either party.
The parties agree to substitute for the invalid provision a valid provision that most closely
approximates the intent of the invalid provision.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
6
Page 78 of 165
Metropolitan Council Contract #19R022
IN WITNESS WHEREOF, the parties have caused this agreement to be executed by
their duly authorized representatives on the dates set forth below. This agreement is
effective upon final execution by, and delivery to, both parties.
CITY OF SHAKOPEE
Date By
Name
Its
METROPOLITAN COUNCIL
Date By
Name
Water Resources Assistant Manager
7
Page 79 of 165
Metropolitan Council Contract #19R022
EXHIBIT A
Metropolitan Council Environmental Services Laboratory Prices
for Additional Analyses
Parameter
Laboratory Code
Price
(per sample)
Nutrients (TP & TKN)
NUT-AHLV
$15.25
Chlorophyll
CLA-TR-CS
$15.50
Phosphorus
P-AHLV
$15.25
Chloride
CL-AV
$15.75
Ortho-phosphorus
ORTHO-AV
$15.50
Hardness
HARD -AV
$7.25
Alkalinity
ALK-AV
$13.50
Sulfate
SO4-ICV
$13.50
Metals (Cd, Cr, Cu, Pb, Ni, Zn)
MET-MSV
$36.00
Individual metal/mineral (e.g. Fe)
XX-MSV
$6.00 (per element)
A parameter not on this list
Contact the Council's
Contract Manager for
specific pricing.
8
Page 80 of 165
*4.E.4.
Shakopee City Council
May 7, 2019
FROM: Ryan Halverson, Assistant City Engineer
TO: Mayor and Council Members
Subject:
Professional Services Agreement with SRF Consulting Group, Inc., for Construction
Services for the 2019 12th Avenue Reconstruction Project.
Policy/Action Requested:
Authorize the execution of a professional services agreement with SRF Consulting Group,
Inc., for construction services for the 12th Avenue Reconstruction Project CIF-19-004.
Recommendation:
Authorize execution of the agreement.
Discussion:
The current draft Capital Improvement Plan (CIP) includes the 2019 12th Avenue
Reconstruction Project, CIF-19-004. This project includes the reconstruction of roadway,
storm sewer, sidewalk, trail, street lighting, landscaping and roundabout improvements
located along 12th Avenue from Vierling Drive to County Road 83 (see attached CIP
summary sheet, project Nos. 10 and 14).
On March 19, 2019, the City Council adopted Resolution R2019-034 approving the plans
and specifications, and authorized bidding of the project. In accordance with Minnesota
Statute Section 471.347 Uniform Municipal Contracting Law, bids were solicited and
opened on April 25, 2019. On May 7, 2019, City Council will consider awarding the
contract to the low bidder.
If the contract is awarded and due to current city staff workload, assistance is
needed from a consultant to provide the construction management and inspection services
during the construction phase of the project. SRF consulting provided the design services
for the project, and likewise, city staff worked with SRF Consulting Group, Inc. to develop
a scope of work needed to deliver in -construction assistance for the project. SRF
Consulting Group, Inc., has the experience, technical skill, and capacity to provide the
Page 81 of 165
needed services and is a recommended firm as part of the city's approved consultant
pool. The attached Professional Services Agreement authorizes and describes the scope and
fee for their work on this project.
Budget Impact:
The scope of SRF's work is proposed to cost (not to exceed) $323,181 plus approval of a
five percent contingency above the contract amount to cover potential changes and
additional costs as part of the in -construction services. This work is budgeted in the 2019
Capital Improvement Fund as part of the Canterbury Commons Development Tax
Increment Funding.
ATTACHMENTS:
o CIF-19-004
o PSA SRF 12th Ave Recon Construction Services
Page 82 of 165
Capital Improvement Plan
City of Shakopee, Minnesota
2019 thru 2023
Project # CIF-19-004
Project Name *Canterbury Commons -City Infrastructure Improv.
Accounting Code
Fund Capital Improvement Fund
Description
Department Capital Improvements Fund
Contact Public Works Director
Type Improvement
Useful Life 30
Category Street Construction
Priority 1 Critical for Safety/Preservat
Total Project Cost: $31,990,000
As part of the proposed Canterbury Commons development, needed public infrastructure projects were identified within the Canterbury Commons
Areawide Transportation study. The following includes projects that were identified as local city infrastructure improvements to be paid for by the
Canterbury Commons TIF:
Project 4: Eagle Creek Blvd/Vierling Drive Roundabout
Project 9: Shenandoah Drive
Project 10: 12th Avenue
Project 11: Barenscheer
Project 13: Public Canterbury Commons Roadways (east side of development)
Project 14 Shenandoah Dr/12th AveNierling Dr roundabout
Project 16: Areawide wayfinding system
Right-of-way
Justification
Infrastructure improvements warranted as part of existing conditional traffic safety and operational needs and needed infrastructure as part of the
Canterbury Commons development.
Canterbury will be responsible for the "Cost Sharing" portion of this project. The City will issue G.O. Improvement Bonds for the City's portion
of the project. The City project costs will then be special assessed back to Canterbury, which in turn will pay for the principal and interest on the
G.O. Improvement Bonds.
Expenditures
2019 2020 2021 2022 2023 Total
Improvements
15,290,000 8,300,000 1,400,000 7,000,000 31,990,000
Total 15,290,000 8,300,000
1,400,000 7,000,000 31,990,000
Funding Sources 2019 2020 2021 2022 2023 Total
Capital Bonds 6,116,000 3,320,000 560,000 9,996,000
Cost Sharing 9,174,000 4,980,000 840,000 7,000,000 21,994,000
Total 15,290,000 8,300,000
1,400,000
7,000,000 31,990,000
40
Page 82 bft659
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Page 30
NIeed/C nstructlilon
Tlilmetrame
Canterbury Commons IProjects
1) County Road 83 II"Zeconstruchon (Changes Onlly)
$900,000 (.14
2 21..
4) lEagle Creek11311vd/Viiediing [Jr (1Roundabout)
$1..„400,0 0 (2)
2022 - 2023
7) CR 83/US1.69 North IRannip (Turn II....a n e )
$230,000
2025+
9) Shenandoah Dr (Reconstruct) wiith Illauer Traiill
$8,4.00,000
2018.- 201..9
10) 12th Ave (Reconstruct) (3)
$6,850,000
2019 - 2020
lit IBarensc)reer Blvd (Reconstruct)
$7,200,000
2020 - 2021
1..3) \i'erIlling Drive lExtenSion/Internall Roads
$7,000,000
Fllexlielle
14) Shenandoah/Vierling/12th (Roundabout)
$350,000
2019 - 2020
1.5) General Area Wayfindling Sgnage
$100,000
2019 - 2021.
So total
$32,430,000
1113aclkground 1Projects
County Road 83 Reconstruction (Revised Layout - 4!))
$8,860,000 (")
2021
2) Northbound CR 83 (AdvaIrce IIRIIgInt-lrurn ILane)
$1..,475,000
2019 - 2025
3) County IRoad 1.01../Shenandoah lar (5 goal)
$4.00,000
2019 - 2020
5) Eagle Creek1311yd (4-11....ane to 3-II....ane)
$75,000
201.8 - 2023
6) Eagle Creek IBIlvd/Marschalill Rd (SIIgnaU Pas rig)
$75,000
201.8 - 2025
8) Canterbury IRd (CR 83)/4th Ave (SIIgnaU)
$350,000
2030 - 2040.
.1.2) V e hi II ng ID hive (4-II....ane to 3-II....a ne)
$50,000
1Flexible
Subtotal
$2,,,4 25;00
(1.) lihroject cost lis, $980,000 if CR 83/US 1.69 North Ramp Turn II...ane (#7 lis, inciuded lin CR 83 lihroject (Addlitionall costs lin #7 are if the .turn
Faris is constructed as a separate project)
(2)inciudes roadway reconstruction
(3)1Incill4CieS iriri east of CR 83
(4) lEstinnztte provided by Scott. COUnty.
Page 85 of 165
PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into on the 26th day of April, 2019, between the
CITY OF SHAKOPEE, 485 Gorman Street, Shakopee, MN 55379 ("City") and SRF
CONSULTING GROUP, INC., 1 Carlson Parkway N, Suite 150, Minneapolis MN 55447-
4443 ("Consultant").
Preliminary Statement
The purpose of this Agreement is to set forth terms and conditions for the provision of
professional services by the Consultant for the City for the following described Project:
12th Avenue Reconstruction Project CIF-19-004
The City and Consultant agree as follows:
1. Consultant's Services. The Consultant agrees to provide professional services
as described in Exhibit A, Scope of Work and any addenda thereto. The Consultant
shall serve as the City's professional consultant in the specified work and shall
provide consultation and advice to the City during the performance of its services.
The Consultant agrees to use the City's standard specifications in any bidding
documents prepared under this Agreement. The requirements of this section may
be waived by the City if the City Engineer determines that they are not necessary
for the successful completion of the project. A Consultant requesting a requirement
to be waived must have written authorization from the City Engineer and must be
incorporated into this agreement.
2. Time for Performance of Services. The Consultant will endeavor to perform the
services outlined in the work program within the prescribed days from the date of
the contract award. Any changes in this schedule must be approved in writing by
the City.
3. Term. The term of this Agreement will be from May 1, 2019, through October 31,
2021, the date of signature by the parties notwithstanding. This Agreement may
be extended upon the written mutual consent of the parties for such additional
period as they deem appropriate, and upon the terms and conditions as herein
stated.
4. Compensation for Services. City agrees to pay the Consultant for services as
described in Exhibit A, attached and made a part of this Agreement, which may be
amended from time to time by mutual agreement by City and Consultant. The
Consultant's hourly rates must be based on the hourly rates approved by the City.
Page 1
SRF — 12th Avenue Reconstruction Project
Professional Services Agreement, construction services
April 2019
Page 86 of 165
The Agreement amount shall include all services to be rendered by the Consultant
as part of this Agreement (including all travel, living and overhead expenses
incurred by the Consultant in connection with performing the services herein)
except for special services authorized in writing by the City. The amount stipulated
shall be considered a "Not to Exceed" cost to the City.
The Consultant must keep track of the costs billable under this contract at all times;
any work in excess of the negotiated amount shall not be eligible for payment
unless preapproved. The Consultant must notify the City if the Consultant
anticipates that the negotiated amount might be exceeded, in order to determine
whether or not the City is prepared to increase the compensation. This notification
and approval must occur in advance of the work occurring to be considered for
compensation.
5. Payment of Fees. The Consultant must submit itemized bills for services provided
to the City on a monthly basis. The monthly billing must summarize the progress
of the project as certified by the Consultant. For work reimbursed on an hourly
basis, the Consultant must indicate for each employee, his or her classification,
the number of hours worked, rate of pay for each employee, a computation of
amounts due for each employee, the total amount due, the original contracted
amount, the current requested amount, and the total amount. Consultant must
verify all statements submitted for payment in compliance with Minnesota Statutes
Sections 471.38 and 471.931. For reimbursable expenses, the Consultant must
provide such documentation as reasonably required by the City. Consultant bills
submitted will be paid in the same manner as other claims made to the City.
6. Audit Disclosure. The Consultant must allow the City or its duly authorized
agents reasonable access to such of the Consultant's books and records as are
pertinent to all services provided under this Agreement.
Any reports, information, data, etc. given to, or prepared or assembled by the
Consultant under this Agreement which the City requests to be kept confidential
must not be made available to any individual or organization without the City's prior
written approval. All finished or unfinished documents, data, studies, surveys,
drawings, maps, models, photographs, and reports prepared by the Consultant will
become the property of the City upon termination of this Agreement, but Consultant
may retain copies of such documents as records of the services provided and may
reuse standard portions of such documents in the normal course of its business.
7. Termination. Termination for Cause. This Agreement may be terminated by City
by seven day's written notice to Consultant delivered to the address written above.
Page 2
SRF — 12th Avenue Reconstruction Project
Professional Services Agreement, construction services
April 2019
Page 87 of 165
Upon termination under this provision, the Consultant will be paid for services
rendered and reimbursable expenses until the effective date of termination.
If, through any cause (except those reasonably beyond Consultant's control), the
Consultant shall fail to fulfill in timely and proper manner its obligations under this
Contract, or if the Consultant shall violate any of the covenants, agreements, or
stipulation of this Contract, the City shall thereupon have the right to terminate this
Contract by giving written notice to the Consultant of such termination and
specifying the effective date thereof, at least five (5) days before the effective date
of termination. In that event the Consultant shall have sixty (60) days to furnish all
finished or unfinished documents, computer programs, data, studies, surveys,
drawings, maps, models, photographs, and reports or other material prepared by
the Consultant under this Contract, which shall, at the option of the City, become
its property, and the Consultant shall be entitled to receive just, equitable
compensation for any satisfactory work completed on such documents and other
materials prior to the effective date of termination.
Notwithstanding the above, the Consultant shall not be relieved of liability to the
City for damages sustained by the City by virtue of any breach of the Contract by
the Consultant, and the City may withhold any payments to the Consultant for the
purpose of setoff until such time as the exact amount of damages due the City
from the Consultant is determined.
In the event this Contract is terminated for cause, then the City may take over and
complete the work, by contract or otherwise, and the Consultant and its sureties
shall be liable to the City for any costs over the amount of this contract thereby
occasioned by the City. In any such case the City may take possession of, and
utilize in completing the work, such materials, appliances and structures as may
be on the work site and are necessary for completion of the work. The foregoing
provisions are in addition to, and not in limitation of, any other rights which the City
may have.
Termination Not For Cause. The City may terminate this Contract at any time, with
or without cause, by giving written notice to the Consultant of such termination and
specifying the effective date thereof, at least fifteen (15) days before the effective
date of such termination. In that event, the Consultant shall have sixty (60) days
to furnish all finished or unfinished documents, computer programs, data, studies,
surveys, drawings, maps, models, photographs, and reports or other material
prepared by the Consultant under this Contract, which shall, at the option of the
City, become its property. If the Contract is terminated by the City as provided in
this paragraph, the Consultant will be paid an amount which bears the same ratio
to the total compensation as the services actually performed bear to the total
Page 3
SRF — 12'h Avenue Reconstruction Project
Professional Services Agreement, construction services
April 2019
Page 88 of 165
services of the Consultant covered by this Contract, less payments or
compensation previously made.
8. Subcontractor. The Consultant must not enter into subcontracts for any of the
services provided for in this Agreement without the express written consent of the
City.
9. Independent Contractor. At all times and for all purposes hereunder, the
Consultant is an independent contractor and not an employee of the City. No
statement herein shall be construed so as to find the Consultant an employee of
the City.
10. Assignment. Neither party will assign this Agreement, nor any interest arising
herein, without the written consent of the other party.
11. Services not Provided for. No claim for services furnished by the Consultant not
specifically provided for herein will be honored by the City.
12. Severability. The provisions of this Agreement are severable. If any portion
hereof is, for any reason, held by a court of competent jurisdiction to be contrary
to law, such decision will not affect the remaining provisions of the Agreement.
13. Entire Agreement. The entire agreement of the parties is contained herein. This
Agreement supersedes all oral agreements and negotiations between the parties
relating to the subject matter hereof as well as any previous agreements presently
in effect between the parties relating to the subject matter hereof. Any alterations,
amendments, deletions, or waivers of the provisions of this Agreement will be valid
only when expressed in writing and duly signed by the parties unless otherwise
provided herein.
14. Compliance with Laws and Regulations. In providing services hereunder, the
Consultant must abide by all statutes, ordinances, rules and regulations pertaining
to the provision of services to be provided. Any violation will constitute a material
breach of this Agreement and entitle the City to immediately terminate this
Agreement.
15. Equal Opportunity. During the performance of this contract, the Consultant must
not discriminate against any employee or applicant for employment because of
race, color, creed, religion, national origin, sex, marital status, status with regard
to public assistance, disability, or age. The Consultant must post in places
available to employees and applicants for employment, notices setting forth the
provisions of this non-discrimination clause and stating that all qualified applicants
Page 4
SRF — 12th Avenue Reconstruction Project
Professional Services Agreement, construction services
April 2019
Page 89 of 165
will receive consideration for employment. The Consultant must incorporate the
foregoing requirements of this paragraph in all of its subcontracts for program
work, and will require all of its subcontractors for such work to incorporate such
requirements in all subcontracts for program work.
16. Waiver. Any waiver by either party of a breach of any provisions of this Agreement
will not affect, in any respect, the validity of the remainder of this Agreement,
17. Liability and Indemnity. The Consultant must indemnify and hold harmless the
City, its employees and agents, for all claims, damages, losses, and expenses,
including, but not limited to, attorney's fees, which they may suffer or for which they
may be held liable, as a result of, and to the extent of, the negligent or wrongful
acts of the Consultant, his employees, or anyone else for whom he is legally
responsible in the performance of this Agreement.
The Consultant assumes full responsibility for relations with its subcontractors, and
must hold the City harmless and must defend and indemnify the City, its
employees and agents, for any claims, damages, losses, and expenses in any
manner caused by such subcontractors, arising out of or connected with this
contract.
18. Insurance. During the term of this Agreement, Consultant must procure and
maintain during the life of this Contract, and provide the City with a certificate of
insurance showing, the following coverage for each occurrence and in aggregate:
A. Comprehensive General Liability Insurance, including Broad Form
Property Damage, Completed Operations and Contractual Liability for limits not
less than $1,500,000 each occurrence for damages of bodily injury or death to one
or more persons and $1,500,000 each occurrence for damage to or destruction of
property.
B. Insurance coverage for Special Hazards, including but not limited to
explosion hazard, collapse hazard, underground property damage hazard,
(commonly known as XCU).
C. Comprehensive Automobile Liability Insurance, in an amount not
less than $1,500,000 for each occurrence. Coverage shall include all owned autos,
non -owned autos, and hired autos.
D. Errors and Omissions Insurance against errors and omissions
resulting from the performance of Consultant's work under this Agreement. Said
Page 5
SRF — 12th Avenue Reconstruction Project
Professional Services Agreement, construction services
April 2019
Page 90 of 165
coverage shall be in an amount not less than $2,000,000 per claim, $2,000,000
annual aggregate.
E. Workmen's Compensation insurance for all its employees as
required by the Minnesota Worker's Compensation Act.
F. The City of Shakopee must be named as "ADDITIONALLY
INSURED" on the insurance described in paragraphs A, B, and C, and must
receive 30 day written notice in the event of cancellation of any of the specified
insurance. If the deductible provisions of the Consultant's coverage or any
subcontractor's coverage is questioned by the City, the Consultant shall provide
the City, upon request, "Proof of Assets".
This policy must provide, as between the City and the Consultant, that the
Consultant's coverage shall be the primary coverage in the event of a loss. If the
Consultant is providing either architectural or engineering services, the Consultant
must also maintain during the term of this Agreement a professional liability
insurance policy with the same limits as for general liability. A certificate of
insurance on the City's approved form which verifies the existence of these
insurance coverages must be provided to the City before work under this
Agreement is begun.
19. Governing Law. This Agreement will be controlled by the laws of the State of
Minnesota.
20. Whole Agreement. This Agreement embodies the entire agreement between the
parties including all prior understanding and agreements, and may not be modified
except in writing signed by all parties.
Executed as of the day and year first written above.
CITY OF SHAKOPEE SRF CONSULTING GROUP, INC.
By:
William H. Reynolds, City Administrator
Date:
By:
Bill Mars, Mayor
Date:
SRF — 12th Avenue Reconstruction Project
Professional Services Agreement, construction services
April 2019
By:
Paul Martens
Its: CFO
Date: 4.29.2019
Page 6
Page 91 of 165
EXHBOT A
SRF 12634.PP
March 13, 2019
Mr. Steve Lillehaug, PE, PTOE
Public Works Director/City Engineer
City of Shakopee
485 Gorman Street
Shakopee, MN 55379
Subject: Proposal for Professional Services for Construction Contract Administration
1211 Avenue Reconstruction, City Project No. C1F19-004, SAP 166-123-002
Dear Mr, T,illehaug:
Based on your request, SRF Consulting Group, Inc. (SRF) is pleased to submit this proposal to provide
professional services for the construction phase of 12' Avenue. Our team has worked on the final design
phase of this project and we look forward to continuing our relationship with you in making this a successful
project. Our team includes American Engineering and Testing, Inc. for material testing and geotechnical
support
Scope of Services
We propose to carry out the work ("Scope of Services"), set forth in Attachment A, attached hereto and
incorporated into this Agreement.
Assumptions
Specific assumptions for the construction administration are included in the Scope of Services, Attachment
A, attached hereto and incorporated into this Agreement.
Schedule
We will complete this work within a mutually agreed -upon time schedule. We understand the City expects to
award a construction contract to a contractor on May 7, 2019. We would anticipate construction would begin
on the project on approximately May 20, 2019 with final completion on November 22, 2019. The landscape
warranty period would continue for two more years to approximately November 2021.
Basis of Payment/Budget
We propose to be reimbursed for our services on an hourly basis for the actual tune expended. Other direct
project expenses such as printing, supplies, reproduction, etc., will be billed at cost and mileage will be billed
at the current allowable IRS rate for business miles. Invoices are submitted monthly for work performed
during the previous month, Payment is due within 30 days.
Based on our understanding of the project and our scope of services, we estimate the cost of our services to
be $323,181 which includes both time and expenses. This estimate is based on an approximate construction
cost of $3.2M. It is understood that in -construction services costs are highly dependent on factors beyond
www.srfconsulting.com
1 Carlson Parkway North, Suite 150 1 Minneapolis, MN 55447-4453 1 763.475,0010 Fax: 1.866.440.6364
An Equal Opportunity Employer
Page 92 of 165
Mr. Steve T,illehaug, PE
City of Shakopee
March 13, 2019
Page 2
our control, such as construction contractor quality, construction contractor efficiency, and weather and as
such this is only an estimate.
Changes in the Scope of Services
It is understood that if the scope or extent of work changes, the cost will be adjusted accordingly. Before any
out -of -scope work is initiated, however, we will submit a budget request for the new work and will not begin
work until we receive authorization from you.
Terms and Conditions
We propose to perform this work consistent with the terms of a Professional Services Agreement with the
City. We understand the terms of the Professional Services Agreement will contain terms consistent with
recent agreements executed for the final design phase of the 12th Avenue reconstruction project.
Acceptance/Notice to Proceed
A signed copy of this proposal, mailed or emailed to Mike Turner in our office, will serve as acceptance of
this proposal and our notice to proceed. The email address is mturner@srfconsuldng.com.
We sincerely appreciate your consideration of this proposal and look forward to working with you on this
project. Please feel free to contact us if you have any questions or need additional information.
Sincerely,
SRF CONSULTING GROUP, INC.
Michael R. Turner, PE (MN SD TX)
Principal
MRT/KAH/ko
Attachment A — Scope of Services
Attachment B — AET Proposal
Approved
CITY OF SHAKOPEE
Kenneth A. Holte, PE (IVIN WI IA)
Vice President
(signautre)
Name
Title
Date
This cost proposal is valid for a period of 90 days. SRF reserves the right to adjust its cost estimate
after 90 days from the date of this proposal.
kelk\Ptoposals\201.9 Letter Proposals\ I 26.34.PP\Snakopee_124' Are CA\20190312.rlorx
Page 93 of 165
*4.E.5.
Shakopee City Council
May 7, 2019
FROM: Ryan Halverson, Assistant City Engineer
TO: Mayor and Council Members
Subject:
2019 Trail Rehabilitation and 2019 Trail Reconstruction Projects.
Policy/Action Requested:
Approve Resolution R2019-054, approving plans and ordering the advertisement for bids
for the 2019 Trail Rehabilitation CIF-19-001 and 2019 Trail Reconstruction Project PA-19-
01
Recommendation:
Approve Resolution R2019-054.
Discussion:
The city's Capital Improvement Plan (CIP) contains the 2019 Trail Rehabilitation Project
CIF-19-001 and the 2019 Trail Reconstruction Project PA-19-01 (see attached CIP
summary sheets). These projects consist of reclaiming and reconstructing the bituminous
trail surface and constructing ADA compliant pedestrian curb ramps and miscellaneous
restoration. The rehabilitation project is located adjacent to Vierling Drive from east of
Taylor Street to Presidential Lane. The reconstruction project is located in Scenic Heights
Park and adjacent to the upper valley drainage ditch (see attached Plan Title Sheet). These
projects are a continuation of the city's pavement preservation program to maintain existing
infrastructure.
It should be noted that a revision to the project scope proposed in the CIP is being
recommended that includes the following:
• Postpone reconstruction of two portions of trail identified in the CIP within Scenic
Heights Park; the portion that runs along the Upper Valley Drainage Ditch and the
segment from the culdesac of Merrifield Court to the upper valley drainage ditch trail.
These segments are newer and are recommended to be on postponed and programmed
to coincide with the same maintenance schedule as the remainder of the upper valley
Page 94 of 165
drainage ditch trail in this area.
Plans have been prepared as directed and public bids are ready to be solicited to construct
the improvements. Upon approval, the advertising and bidding will commence and bids
would then be considered at a future City Council meeting. Construction of the
improvements will be performed between June and September of 2019.
Budget Impact:
The CIP identifies a budget of $80,000 for the 2019 Trail Rehabilitation Project CIF-19-
001 and will be funded by the Capital Improvement Fund. The CIP also identifies a budget
of $65,000 for the 2019 Trail Reconstruction project PA-19-01. Funding for this portion of
the project will be the Park Asset Internal Service Fund.
ATTACFIMENTS:
o Resolution R2019-054
• CIP project sheets
o Title Sheet
Page 95 of 165
RESOLUTION R2019-054
A Resolution Approving Plans & Specifications and
Ordering Advertisement for Bids for the
2019 Trail Rehabilitation Project CIF-19-001
and 2019 Trail Reconstruction Project PA-19-01
WHEREAS, the City Engineer has prepared plans and specifications for improvements for
the 2109 Trail Rehabilitation Project and the 2019 Trail Reconstruction Project, which include the
reconstruction and paving of bituminous trail, and appurtenance work; and has presented such plans
and specifications to the Council for approval.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SHAKOPEE, MINNESOTA, THAT:
1. Such plans and specifications, a copy of which are on file and of record in the Office
of the City Engineer, are hereby approved.
2. The City Clerk shall prepare and cause to be placed on the city's website and on
questcdn.com an advertisement for bids upon the making of such improvement under such approved
plans and specifications. The Advertisement for Bids shall be published as required by law.
Adopted in regular session of the City Council of the City of Shakopee, Minnesota,
held this 7th day of May 2019.
Mayor of the City of Shakopee
ATTEST:
City Clerk
H:APWWAdministration,City Connci!A2019`2019 Trail Rehab & Recon ProjectsVApprove Plans Order Ad for Bid
Page 96 of 165
Capital Improvement Plan
City of Shakopee, Minnesota
2019 thru 2023
Project # CIF-19-001
Project Name Trail Rehabilitation
Accounting Code
Fund Capital improvement Fund
Description
Department Capital Improvements Fund
Contact Public Works Director
Type Improvement
Useful Life 15
Category Trails
Priority 1 Critical for Safety/Preservat
Status Active
Total Project Cost: $400,000
This project includes the rehabilitation of existing bituminous trails in the city, along street or county roads.
Justification
The age and condition of the bituminous trail segments require rehabilitation.
Expenditures
2019 2020 2021 2022 2023 Total
Construction/Maintenance
Engineering/Administration
71,000 71,000 71,000 71,000 71,000 355,000
9,000 9,000 9,000 9,000 9,000 45,000
Funding Sources
Total 80,000 80,000 80,000 80,000 80,000 400,000
2019 2020 2021 2022 2023 Total
Capital Improvement Fund
80,000 80,000 80,000 80,000 80,000 400,000
Total
80,000
80,000
80,000
80,000
80,000 400,000
PROJECT LOCATION
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Page 97 of 165
Capital Improvement Plan
City of Shakopee, Minnesota
2019 thru 2023
Project # PA-19-01
Project Name Trail Reconstruction
Accounting Code
Fund Park Asset IS Fund
Description
Department Park Asset Internal Serv. Fun
Contact Public Works Director
Type Improvement
Useful Life 15
Category Trails
Priority 2 Important -Provide Efficienc
Status Active
Total Project Cost: $325,000
This project includes the rehabilitation of existing bituminous trails in the city, that serve parks or as regional trail systems.
Justification
Ongoing maintenance of recreation trails as part of an overall pavement management program. The trails pavement condition has deteriorated as it
nears life expectancy.
Expenditures
2019 2020 2021 2022 2023 Total
Construction/Maintenance 58,500 58,500 117,000
Improvements 58,500 58,500 58,500 175,500
Engineering/Administration 6,500 6,500 6,500 6,500 6,500 32,500
Funding Sources
Total 65,000 65,000 65,000 65,000 65,000 325,000
2019 2020 2021 2022 2023 Total
Park Asset Internal Service
Fund
65,000 65,000 65,000 65,000 65,000 325,000
Total
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65,000
65,000
65,000
65,000
65,000 325,000
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PROJECT LOCATION
112
Page 98 of 165
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EXISTING SANITARY SEWER
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EXISTING RETAINING WALL
PROPOSED SANITARY SEWER
PROPOSED STORM SEWER
PROPOSED WATERMAIN
PROPOSED SAW CUT LINE
UNDERGROUND ELECTRIC LINE
UNDERGROUND TELEPHONE LINE
1 "
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UNDERGROUND GAS LINE
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*4.E.6.
Shakopee City Council
May 7, 2019
FROM: Steve Lillehaug, City Engineer/Public Works Director
TO: Mayor and Council Members
Subject:
Purchase and Agreement for ESRI Software License
Policy/Action Requested:
Authorize the purchase and execution of an agreement for ESRI Software License.
Recommendation:
Approval as requested.
Discussion:
The city has been a user of a GIS platform called Datalink that was a customized built
application from WSB and Associates. Datalink is a mapping and data application that is
used heavily by city staff to access property, infrastructure, and other geospatial
information. It has been used for several years by Shakopee employees but due to the older
infrastructure and recent system improvements with next generation security requirements,
Datalink has become unreliable to the point were it is somewhat unusable. It is basically
broke and the amount of technology support needed from W SB over the past year with
little results has warranted its replacement.
With that said, replacement options have been considered and narrowed down to an ESRI
Web GIS Platform. While we currently are a user of this product on a smaller more limited
scale, the license agreement will need to be expanded with additional technical support to
replace Datalink in its entirety.
The current annual Enterprise Agreement with ESRI is $11, 800 and runs from March to
March. The expanded license costs will be a total of $35,000 annually (3-year
commitment) with an additional one time rollout cost of $14,700 (see attached).
As a cost comparison, another comparable product (LOGIS Map) would have an estimated
annual cost of $35,000 to 50,000 with similar rollout costs.
Page 100 of 165
Budget Impact:
Funding for the ESRI costs are proposed to come out of the Information Technology
Internal Service Fund on an annual basis. The first year annual fee plus the one time rollout
costs (minus the prorata amount from our current license) will be due upon authorization
and notification to proceed.
ATTACHMENTS:
ESRI Agreement
Page 101 of 165
esri
April 25, 2019
Mr. Ryan Bormann
City of Shakopee
485 Gorman St
Shakopee, MN 55379-2687
Dear Ryan,
The Esri Small Municipal and County Government Enterprise Agreement (EA) is a three-year agreement
that will grant your organization access to Esri® term license software on an unlimited basis including
maintenance on all software offered through the EA for the term of the agreement. The EA will be effective
on the date executed and will require a firm, three-year commitment.
Based on Esri's work with several organizations similar to yours, we know there is significant potential
to apply geographic information system (GIS) technology in many operational and technical areas within
your organization. For this reason, we believe that your organization will greatly benefit from an
enterprise agreement.
An EA will provide your organization with numerous benefits including:
• A lower cost per unit for licensed software
• Substantially reduced administrative and procurement expenses
• Maintenance on all Esri software deployed under this agreement
• Complete flexibility to deploy software products when and where needed
The following business terms and conditions will apply:
• All current departments, employees, and in-house contractors of the organization will be eligible
to use the software and services included in the EA.
• if your organization wishes to acquire and/or maintain any Esri software during the term of the
agreement that is not included in the EA, it may do so separately at the Esri pricing that is
generally available for your organization for software and maintenance.
• The organization will establish a single point of contact for orders and deliveries and will be
responsible for redistribution to eligible users.
• The organization will establish a Tier 1 support center to field calls from internal users of Esri
software. The organization may designate individuals as specified in the EA who may directly
contact Esri for Tier 2 technical support.
• The organization will provide an annual report of installed Esri software to Esri.
• Esri software and updates that the organization is licensed to use will be automatically available
for downloading.
380 New York Street 909 793 2853 esri.com
Redlands, California 92373-8100 USA info@esri.com
Page 102 of 165
• The fee and benefits offered in this EA proposal are contingent upon your acceptance of Esri's
Small Municipal and County Government EA terms and conditions.
■ Licenses are valid for the term of the EA.
This program offer is valid for 90 days. To complete the agreement within this time frame, please
contact me within the next seven days to work through any questions or concerns you may have. To
expedite your acceptance of this EA offer:
1. Sign and return the EA contract with a Purchase Order or issue a Purchase
Order that references this EA Quotation and includes the following statement on the face of the
Purchase Order: "THIS PURCHASE ORDER IS GOVERNED BY THE TERMS AND
CONDITIONS OF THE ESRI SMALL MUNICIPAL AND COUNTY GOVERNMENT
EA, AND ADDITIONAL TERMS AND CONDITIONS IN THIS PURCHASE ORDER
WILL NOT APPLY." Have it signed by an authorized representative of the organization.
2. On the first page of the EA, identify the central point of contact/agreement administrator. The
agreement administrator is the party that will be the contact for management of the software,
administration issues, and general operations. Information should include name, title (if
applicable), address, phone number, and e-mail address.
3. In the purchase order, identify the "Ship to" and "Bill to" information for your organization.
4. Send the purchase order and agreement to the address, email or fax noted below:
Esri
Attn: Customer Service SG -EA
380 New York Street
Redlands, CA 92373-8100
e-mail: service@esri.com fax
documents to: 909-307-3083
T appreciate the opportunity to present you with this proposal, and I believe it will bring great benefits to
your organization.
Thank you very much for your consideration.
Best Regards,
Nick Meyers
Small Government EA
Page 103 of 165
esri°
Environmental Systems Research Institute, Inc.
380 New York St
Redlands, CA 92373-8100
Phone: 909-793-2853 Fax: 909-307-3049
DUNS Number: 06-313-4175 CAGE Code: OAMS3
To expedite your order, please attach a copy of
this quotation to your purchase order.
Quote is valid from: 04/25/2019 To: 07/24/2019
Quotation # 20549749
Date: April 25, 2019
Customer # 133882
Contract #
City of Shakopee
GIS Dept
485 Gorman St
Shakopee, MN 55379-2687
ATTENTION: Ryan Bormann
PHONE: (952) 233-9365
FAX: (952) 233-3802
Material Qty Description
Unit Price
Total
168178 1 Year 1 Populations of 25,001 to 50,000 Small Government Term Enterprise
License Agreement
168178 1 Year 2 Populations of 25,001 to 50,000 Small Government Term Enterprise
License Agreement
168178 1 Year 3 Populations of 25,001 to 50,000 Small Government Term Enterprise
License Agreement
35,000.00 35,000.00
35,000.00 35,000.00
35,000.00 35,000.00
Esri may charge a fee to cover expenses related to any customer requirement to use a proprietary vendor management, procurement, or invoice program.
For questions contact: Nick Meyers
Email: nmeyers@esri.com Phone: (909) 793-2853 x8305
The items on this quotation are subject to and governed by the terms of this quotation, the most current product specific scope of use document found
at https://assets.esri.com/content/dam/esrisites/media/legal/product-specific-terms-of-use/e300.pdf, and your applicable signed agreement with Esri. If
no such agreement covers any item quoted, then Esri's standard terms and conditions found at
https://assets.esri.com/content/dam/esrisites/media/legal/ma-full/ma-full.pdf apply to your purchase of that item. Federal government entities and
government prime contractors authorized under FAR 51.1 may purchase under the terms of Esri's GSA Federal Supply Schedule. Supplemental terms
and conditions found at https://www.esri.com/en-us/legal/terms/state-supplemental apply to some state and local government purchases. All terms of
this quotation will be incorporated into and become part of any additional agreement regarding Esri's offerings. Acceptance of this quotation is limited to
the terms of this quotation. Esri objects to and expressly rejects any different or additional terms contained in any purchase order, offer, or confirmation
sent to or to be sent by buyer. Unless prohibited by law, the quotation information is confidential and may not be copied or released other than for the
express purpose of system selection and purchase/license. The information may not be given to outside parties or used for any other purpose without
consent from Esri. Delivery is FOB Origin.
If sending remittance, please address to: Esri, P.O. Box 741076, Los Angeles, CA 90074-1076
MEYERSN
Page 104 f 165
This offer is limited to the terms and conditions incorporated and attached herein.
esri°
Environmental Systems Research Institute, Inc.
380 New York St
Redlands, CA 92373-8100
Phone: 909-793-2853 Fax: 909-307-3049
DUNS Number: 06-313-4175 CAGE Code: OAMS3
To expedite your order, please attach a copy of
this quotation to your purchase order.
Quote is valid from: 04/25/2019 To: 07/24/2019
Quotation # 20549749
Date: April 25, 2019
Customer # 133882
Contract #
City of Shakopee
GIS Dept
485 Gorman St
Shakopee, MN 55379-2687
ATTENTION: Ryan Bormann
PHONE: (952) 233-9365
FAX: (952) 233-3802
Material Qty Description
Unit Price
Total
144577 1 The Web GIS Launch Kit— Standard services package provides up to 4
days of on -site support by 1 Esri consultant to configure and populate an
ArcGIS Organization (ArcGIS Online or ArcGIS Enterprise) with maps and
apps using the data and content available. The Esri consultant will start
with a resource assessment to determine the available GIS content,
capabilities and information product needs. Based on the results the
consultant will work with you to prioritize the maps and apps that can be
configured during the time available. During the process of configuring the
maps and apps, the Esri consultant will show you how to configure your
ArcGIS organizational settings, populate the account with content, and
provide best practices on leveraging Web GIS. The Web GIS Launch Kit
also includes knowledge transfer on: Authoring, registering and sharing
content, creating web maps, management and administrative tools, using
Web GIS in workflows, and securing content and governance If the above
activities are completed prior to the end of the engagement remaining on -
site time can focus on configuring Esri Foundational Apps or building
additional Information Products. Topics outside the scope of the Web GIS
Launch Kit include but are not limited to: ArcGIS Enterprise Software
Installation, Migration of Databases and Applications, Application
Development. Customers will be provided a Web GIS Launch Kit
questionnaire prior to the on -site visit. The price includes airfare, hotel, car
rental, per diem, and other direct costs. On -site support will be provided at
a mutually agreed upon customer location during one trip within the United
States on consecutive business days during a single work week.
Scheduling will be based on resource availability. Customers will need to
prepare in advance for Esri's visit. The Esri Professional Service Packages
terms and conditions shall apply. If not attached, or already incorporated
into an existing and current Esri master contract, these terms and
conditions, preparation requirements, and covered foundational apps can
be viewed on the web at https://www.esri.com/en-us/legal/terms/services/.
14,700.00 14,700.00
Item Total: 119,700.00
Esri may charge a fee to cover expenses related to any customer requirement to use a proprietary vendor management, procurement, or invoice program.
For questions contact: Nick Meyers
Email: nmeyers@esri.com Phone: (909) 793-2853 x8305
The items on this quotation are subject to and governed by the terms of this quotation, the most current product specific scope of use document found
at https://assets.esri.com/content/dam/esrisites/media/legal/product-specific-terms-of-use/e300.pdf, and your applicable signed agreement with Esri. If
no such agreement covers any item quoted, then Esri's standard terms and conditions found at
https://assets.esri.com/content/dam/esrisites/media/legal/ma-full/ma-full.pdf apply to your purchase of that item. Federal government entities and
government prime contractors authorized under FAR 51.1 may purchase under the terms of Esri's GSA Federal Supply Schedule. Supplemental terms
and conditions found at https://www.esri.com/en-us/legal/terms/state-supplemental apply to some state and local government purchases. All terms of
this quotation will be incorporated into and become part of any additional agreement regarding Esri's offerings. Acceptance of this quotation is limited to
the terms of this quotation. Esri objects to and expressly rejects any different or additional terms contained in any purchase order, offer, or confirmation
sent to or to be sent by buyer. Unless prohibited by law, the quotation information is confidential and may not be copied or released other than for the
express purpose of system selection and purchase/license. The information may not be given to outside parties or used for any other purpose without
consent from Esri. Delivery is FOB Origin.
If sending remittance, please address to: Esri, P.O. Box 741076, Los Angeles, CA 90074-1076
MEYERSN
Page 105 f 165
This offer is limited to the terms and conditions incorporated and attached herein.
esri°
Environmental Systems Research Institute, Inc.
380 New York St
Redlands, CA 92373-8100
Phone: 909-793-2853 Fax: 909-307-3049
DUNS Number: 06-313-4175 CAGE Code: OAMS3
To expedite your order, please attach a copy of
this quotation to your purchase order.
Quote is valid from: 04/25/2019 To: 07/24/2019
Quotation # 20549749
Date: April 25, 2019
Customer # 133882
Contract #
City of Shakopee
GIS Dept
485 Gorman St
Shakopee, MN 55379-2687
ATTENTION: Ryan Bormann
PHONE: (952) 233-9365
FAX: (952) 233-3802
Subtotal:
Sales Tax:
Estimated Shipping & Handling(2 Day Delivery) :
Contract Pricing Adjust:
119, 700.00
0.00
0.00
0.00
Total:
$119,700.00
Esri may charge a fee to cover expenses related to any customer requirement to use a proprietary vendor management, procurement, or invoice program.
For questions contact: Nick Meyers
Email: nmeyers@esri.com Phone: (909) 793-2853 x8305
The items on this quotation are subject to and governed by the terms of this quotation, the most current product specific scope of use document found
at https://assets.esri.com/content/dam/esrisites/media/legal/product-specific-terms-of-use/e300.pdf, and your applicable signed agreement with Esri. If
no such agreement covers any item quoted, then Esri's standard terms and conditions found at
https://assets.esri.com/content/dam/esrisites/media/legal/ma-full/ma-full.pdf apply to your purchase of that item. Federal government entities and
government prime contractors authorized under FAR 51.1 may purchase under the terms of Esri's GSA Federal Supply Schedule. Supplemental terms
and conditions found at https://www.esri.com/en-us/legal/terms/state-supplemental apply to some state and local government purchases. All terms of
this quotation will be incorporated into and become part of any additional agreement regarding Esri's offerings. Acceptance of this quotation is limited to
the terms of this quotation. Esri objects to and expressly rejects any different or additional terms contained in any purchase order, offer, or confirmation
sent to or to be sent by buyer. Unless prohibited by law, the quotation information is confidential and may not be copied or released other than for the
express purpose of system selection and purchase/license. The information may not be given to outside parties or used for any other purpose without
consent from Esri. Delivery is FOB Origin.
If sending remittance, please address to: Esri, P.O. Box 741076, Los Angeles, CA 90074-1076
MEYERSN
Page 106 f 165
This offer is limited to the terms and conditions incorporated and attached herein.
Esri Use Only:
Cust. Name
Cust. #
PO #
Esri Agreement #
1211,41
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Thlf
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Q U II lEY AIN If„U II III C II IIf Ilf;E IIf II II IIf;E II "'>C["
(IE14-)
This Agreement is by and between the organization identified in the Quotation ("Customer") and Environmental
Systems Research Institute, Inc. ("Esri").
This Agreement sets forth the terms for Customer's use of Products and incorporates by reference (i) the
Quotation and (ii) the Master Agreement. Should there be any conflict between the terms and conditions of the
documents that comprise this Agreement, the order of precedence for the documents shall be as follows: (i) the
Quotation, (ii) this Agreement, and (iii) the Master Agreement. This Agreement shall be governed by and
construed in accordance with the laws of the state in which Customer is located without reference to conflict of
laws principles, and the United States of America federal law shall govern in matters of intellectual property. The
modifications and additional rights granted in this Agreement apply only to the Products listed in Table A.
lI....liis
Uncapped Quantities
Desktop Software and Extensions (Single Use)
ArcGIS Desktop Advanced
ArcGIS Desktop Standard
ArcGIS Desktop Basic
ArcGIS Desktop Extensions: ArcGIS 3D Analyst,
ArcGIS Spatial Analyst, ArcGIS Geostatistical
Analyst, ArcGIS Publisher, ArcGIS Network
Analyst, ArcGIS Schematics, ArcGIS Workflow
Manager, ArcGIS Data Reviewer
Enterprise Software and Extensions
ArcGIS Enterprise and Workgroup
(Advanced and Standard)
ArcGIS Enterprise Extensions: ArcGIS 3D Analyst,
ArcGIS Spatial Analyst, ArcGIS Geostatistical
Analyst, ArcGIS Network Analyst, ArcGIS
Schematics, ArcGIS Workflow Manager
Enterprise Additional Capability Servers
ArcGIS Image Server
Table A
IIPur ducts
Developer Tools
ArcGIS Engine
ArcGIS Engine Extensions: ArcGIS 3D Analyst,
ArcGIS Spatial Analyst, ArcGIS Engine Geodatabase
Update, ArcGIS Network Analyst, ArcGIS Schematics
ArcGIS Runtime (Standard)
ArcGIS Runtime Analysis Extension
Limited Quantities
One (1) Professional subscription to ArcGIS
Developer*
Two (2) Esri CityEngine Advanced Single Use
Licenses
100 ArcGIS Online Viewers
100 ArcGIS Online Creators
17,500 ArcGIS Online Service Credits
100 ArcGIS Enterprise Creators
3 Insights for ArcGIS for use with ArcGIS Enterprise
3 Insights for ArcGIS for use with ArcGIS Online
OTHER BENEFITS
Number of Esri User Conference registrations provided annually
3
Number of Tier 1 Help Desk individuals authorized to call Esri
3
Maximum number of sets of backup media, if requested**
2
Self -Paced e-Learning
Uncapped
Five percent (5%) discount on all individual commercially available instructor -led training classes at Esri
facilities purchased outside this Agreement (Discount does not apply to Small Enterprise Training Package)
* Maintenance is not provided for these items
**Additional sets of backup media may be purchased for a fee
Page 1 of 6
Page 107 of 165
March 15, 2019
Customer may accept this Agreement by signing and returning the whole Agreement with (i) the Quotation
attached, (ii) a purchase order, or (iii) another document that matches the Quotation and references this
Agreement ("Ordering Document). ADDITIONAL OR CONFLICTING TERMS IN CUSTOMER'S PURCHASE
ORDER OR OTHER DOCUMENT WILL NOT APPLY, AND THE TERMS OF THIS AGREEMENT WILL
GOVERN. This Agreement is effective as of the date of Esri's receipt of an Ordering Document, unless otherwise
agreed to by the parties ("Effective Date").
Term of Agreement: Three (3) years
This Agreement supersedes any previous agreements, proposals, presentations, understandings, and
arrangements between the parties relating to the licensing of the Products. Except as provided in Article 4—
Product Updates, no modifications can be made to this Agreement.
Accepted and Agreed:
(Customer)
By:
Authorized Signature
Printed Name:
Title:
Date:
USTOIMIIEHR CONTACT DIIINIIF RIMA"'lI IION
Contact:
Address:
City, State, Postal Code:
Country:
Quotation Number (if applicable):
Telephone:
Fax:
E-mail:
Page 2 of 6 March 15, 2019
Page 108 of 165
9.B.1.
Shakopee City Council
May 7, 2019
FROM: Jeff Tate, Chief of Police
TO: Mayor and City Council
Subject:
Gift Card Ordinance No. 2019-007
Policy/Action Requested:
Council is asked to approve and adopt Ordinance No. 2019-007, an Ordinance regarding
third party gift card procurement.
Recommendation:
Staff recommends adopting Ordinance No. 2019-007.
Discussion:
Over the last few years frauds have consistently been one of the top three crimes reported
in the community. The fraudulent procurement of third party gift cards at retail
establishments in the city has become a widespread problem. These incidents affect
numerous victims and require considerable law enforcement resources to investigate. In an
effort to prevent and limit the opportunities for fraud to occur in our city, the police
department is proposing an Ordinance to address our biggest issue.
This has been a thorough and comprehensive process. Department staff have engaged local
retailers, the Shakopee Chamber, and the Minnesota Retailers Association to assist in the
drafting of this Ordinance. After several months and multiple drafts, staff is ready to present
the current version to council.
The Ordinance is specific to third party gift cards from American Express, MasterCard, or
Visa and only when purchased using a credit card. Under this proposed Ordinance, retailers
will not be able to sell third party gift cards at self -checkout stands. This will eliminate the
vast majority of the problems we face. The Ordinance will also require retailers to ask for
identification from anyone purchasing a loadable gift card from either American Express,
MasterCard, or Visa. The identification must match the name on the credit card being used
to purchase the card. Identification is not required for any other gift card or gift cards
Page 109 of 165
purchased with cash or check.
Since discussions over this proposal began we've seen retailers proactively implementing the
changes. Early results appear to be successful. By eliminating the self -checkout option and
requiring identification for credit card purchases of American Express, MasterCard, and
Visa gift cards we feel we can have a significant impact in the number of fraudulent gift
cards purchased in our city.
Budget Impact:
There is no budget impact.
ATTACHMENTS:
Gift Card Ordinance No. 2019-007
Page 110 of 165
ORDINANCE NO. 02019-007
AN ORDINANCE OF THE CITY OF SHAKOPEE ADDING
A NEW SECTION 130.21 TO THE SHAKOPEE CITY CODE
REGARDING THIRD PARTY GIFT CARD PROCUREMENT
THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS:
Section 1. City Code Chapter 130, Public Protection, Crimes, and Offenses, is amended to include
a new Section 130.21, Third Party Gift Card Procurement, which shall read as follows:
SEC. 130.21 THIRD PARTY GIFT CARD PROCUREMENT.
(A) Purpose. The fraudulent procurement of third party gift cards at retail establishments in the
city has become a widespread problem. These incidents affect numerous victims and require
considerable law enforcement resources to investigate. By adopting these provisions, the City
Council desires to protect the health, safety, and welfare of all persons living in the city, visiting
the city, and operating businesses within the city by deterring the fraudulent procurement of third
party gift cards at retail establishments and conserving the limited amount of time, energy, and
resources available to local law enforcement agencies when investigating said behavior.
(B) Findings. The City Council finds that:
(1) There has been a substantial increase in the fraudulent procurement of third party gift cards
at retail establishments within the city. Third party gift cards are oftentimes purchased by
individuals through the use of cloned or stolen financial transaction cards, counterfeit checks, or
through other fraudulent means.
(2) Due to the complex nature of cases involving fraudulent third party gift card procurement,
local law enforcement agencies have exerted a significant amount of time and energy into
investigating these cases. These investigations are particularly time-consuming and involve
numerous victims, resulting in a strain on the limited amount of resources that are otherwise
available to local law enforcement.
(3) Requiring retail establishments to verify identification at the point of sale is an effective
way to deter criminal behavior.
(4) This section is adopted pursuant to Minn. Stat. § 412.221, subd. 32 and the city's inherent
regulatory authority. The provisions contained herein are reasonably related to promoting the
general welfare of the community and other legitimate police -power objectives, both expressly
identified herein and otherwise implied.
(C) Definitions. For the purpose of this section, the following definitions shall apply.
FINANCIAL TRANSACTION CARD. Any instrument or device, whether known as a credit
card, credit plate, charge plate, courtesy card, bank services card, banking card, check guarantee
520690v5 DTA SH155-23PD
1
Page 111 of 165
card, debit card, electronic benefit system (EBS) card, electronic benefit transfer (EBT) card,
assistance transaction card, or by any other name, issued with or without fee by an issuer for the
use of the cardholder in obtaining credit, money, goods, services, public assistance benefits, or
anything else of value, and includes the account or identification number or symbol of a financial
transaction card.
THIRD PARTY GIFT CARD. A reloadable or non-reloadable prepaid card sold at retail
establishments and used to make purchases via either the American Express, MasterCard, or Visa
networks, for which the value is decreased upon each purchase.
RETAIL ESTABLISHMENT. A physical place of business in which consumer merchandise
is sold to the general public.
PERSON. An individual, partnership, limited partnership, limited liability company,
corporation, or other legal entity.
PROOF OF IDENTIFICATION. A driver's license, Minnesota identification card number,
or other identification document issued for identification purposes by any state, federal, or foreign
government if the document includes the person's photograph, full name, birth date, and signature.
SELL. To transfer to another in exchange for monetary consideration through the use of a
financial transaction card.
(D) Identification Verification Required. Any person that sells a third party gift card to an
individual on behalf of a retail establishment, including an agent, employee, or other representative
of the retail establishment, shall require that the individual purchasing the third party gift card
display proof of identification and shall verify that said proof of identification matches the
individual's form of payment.
(E). Self -Checkout. It is unlawful for a retail establishment to allow the purchase of third party
gift cards at self -checkout kiosks where customers themselves scan merchandise and pay without
the assistance of an employee of the retail establishment.
(F). Enforcement; Violations. In addition to any rights or remedies that are otherwise available
to the city in law or in equity, violations of this section shall be subject to the penalty provisions
contained in § 130.99.
Section 2. Effective Date. This ordinance becomes effective from and after its passage and
publication.
Adopted in regular session of the City Council of the City of Shakopee, Minnesota held this 7th
day of May, 2019.
520690v5 DTA SH155-23PD
2
Page 112 of 165
Mayor of the City of Shakopee
Attest:
City Clerk
Published in the Shakopee Valley News on the day of , 2019.
520690v5 DTA SH155-23PD
3
Page 113 of 165
9.B.2.
Shakopee City Council
May 7, 2019
FROM: Jeff Tate, Chief of Police
TO: Mayor and City Council
Subject:
Presentation of Police Department Annual Report
Policy/Action Requested:
None.
Recommendation:
None.
Discussion:
Council is asked to hear the 2018 police department annual report.
Budget Impact:
None.
Page 114 of 165
10.A.
Shakopee City Council
May 7, 2019
FROM: Darin Nelson, Finance Director
TO: Mayor and Council Members
Subject:
City Bill List
Policy/Action Requested:
None
Recommendation:
Informational Only
Discussion:
Attached is the most recent monthly Financial Report for the General fund. These reports
reflect the expenditures as recorded for 2019 activity. The following transactions are
notable for this reporting cycle:
• Henning Professional Services Inc. requested payment for services through March
2019 for the 12th Avenue Trail Project -Easement Acquisition. $43,813.20
• Municipal Emergency Services requested payment for the purchase of new Self -
Contained Breathing Apparatus (SCBA) Equipment. $49,616.72
• Northwest Asphalt submitted for final payment for the 2018 Street Reconstruction
project. $82,808.59
Included in the check list are various refunds, returns, and pass through.
Budget Impact:
Operating and capital expenditures within the 2019 budget
ATTACHMENTS:
o Monthly Financial Report
Page 115 of 165
a Council Check Summary
a Council Check Register
a Bill List Transfers
Page 116 of 165
CITY OF SHAKOPEE
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Page 117 of 165
5/2/2019 15:16:11
CITY OF SHAKOPEE
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Page 118 of 165
5/2/2019 15:15:50
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Page 126 of 165
CITY OF SHAKOPEE
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142032 4/25/2019
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142050 4/25/2019
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142061 4/25/2019
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142065 4/25/2019
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142066 4/25/2019
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142070 4/25/2019
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5/2/2019 15:15:50
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142075 4/25/2019
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142077 4/25/2019
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142078 4/25/2019
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142087 5/2/2019
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Page 162 of 11B58
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Page 164 of 165
Funds transferred electronically April 17, 2019 to May 7, 2019
PAYROLL $629,441.26
FIT/FICA $185,197.25
STATE INCOME TAX $41,855.50
PERA $197,388.69
HEALTH CARE SAVINGS $24,527.36
HEALTH SAVINGS ACCT $19,112.06
NATIONWIDE DEF COMP $21,313.28
ICMA DEFERRED COMP $4,711.90
MSRS $10,787.27
FSA $1,820.92
MN WAGE LEVY $0.00
Child Support $461.46
Total $ 1,136,616.95
Page 165 of 165