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1994 Police Contract 1 I CITYOF --" 1 to., , CHANHASSEN I 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 4. I Action by City Administtator. MEMORANDUM / Endo-sei V 1 I TO: Mayor Don Chmiel & City Council R& Don Ashworth, City Manager �- D_,; Vii_ iy-x3 t E . Sebr. ,.ted to Commission 1 FROM: Scott Harr, Public Safety Director t S r'ted to Council DATE: November 1, 1993 ____ _. 11- a -93 1 SUBJ: 1994 Police Contract 1 This memo is to present the recommended 1994 Police Contract to the City Council, and to recommend that it be agreed to. . 1 Attached please find my 10/7/93 memo to the Public Safety Commission outlining the history and reasoning leading to my recommendation of purchasing three more police contract hours per day, bringing the total contract hours purchased daily from 32 hours to 35 hours. This increase will cost 1 53 cents per hour more than 1993. Also attached is a draft copy of the new position description. I think that this opportunity provides I the City of Chanhassen with yet another opportunity to take a giant step forward in continuing to provide a unique approach to meeting the public safety needs of the City in the most cost effective I way possible. By providing this flexible position, we now have the opportunity to continue designing public safety services which will meet more than just the basic routine patrol needs of the City. This step will provide true customer service designed for our residents. 1 RECOMMENDATION: I It is the recommendation of the Public Safety Commission, the Sheriff and the Public Safety Director that the City Council authorize the City of Chanhassen to enter into an agreement with the Carver County Sheriff's Department for 35 hours of police patrol contract time for 1994. 1 ADDENDUM BY PUBLIC SAFETY DIRECTOR 11/17/93: I It is the recommendation of staff that Council enter into the 1994 contract with Carver County for a minimum of 32 hours of police coverage per day (the same amount as in 1993), and if the 1994 budget is able to support the additional hours, that a separate contract be entered into for the additional time. 1 Because my priorities continue to be to first fund the additional secretarial position and CSO position in 1994, it is not my recommendation to purchase the additional police contract hours if Public Safety budget cuts are required. i 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 CITYOF CHANHASSEN q° 141 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 ' (612) 937 -1900 • FAX (612) 937 -5739 MEMORANDUM TO: Mayor Don Chmiel & City Council Don Ashworth, City Manager FROM: Scott Harr, Public Safety Directo ' t DATE: November 1, 1993 SUBJ: 1994 Police Contract ' This memo is to present the recommended 1994 Police Contract to the City Council, and to recommend that it be agreed to. ' Attached please find my 10/7/93 memo to the Public Safety Commission outlining the history and reasoning leading to my recommendation of purchasing three more police contract hours per day, bringing the total contract hours purchased daily from 32 hours to 35 hours. This increase will cost 53 cents per hour more than 1993. Also attached is a draft copy of the new position description. I think that this opportunity ' provides the City of Chanhassen with yet another opportunity to take a giant step forward in continuing to provide a unique approach to meeting the public safety needs of the City in the most cost effective way possible. By providing this flexible position, we now have the opportunity to continue designing public safety services which will meet more than just the basic routine patrol needs of the City. This step will provide true customer service designed for our residents. RECOMMENDATION: It is the recommendation of the Public Safety Commission, the Sheriff and the Public Safety Director that the City Council authorize the City of Chanhassen to enter into an agreement with the Carver County Sheriff's Department for 35 hours of police patrol contract time for 1994. 1 w CITY OF CHANHASSEN' 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 MEMORANDUM 1 TO: Public Safety Commission FROM: Scott Harr, Public Safety Director 1 DATE: October 7, 1993 SUBJ: 1994 Police Contract 1 The purpose of this memo is to discuss the police contract for next year, along with options to consider for possible increased services. 1 BACKGROUND: We are presently purchasing 32 hours of police patrol contract time er day from the Carver 111 P Y County Sheriff's Department. I do not think less hours should be considered, but additional hours is worth considering. Attached is the 1994 police contract information from the Sheriff, 1 which shows a very small increase in cost for next year. The 1993 hourly rate was $35.33 per hour, and the 1994 fee is $35.86 per hour. ANALYSIS: The issue is whether, particularly at such a small hourly rate increase, additional contract hours I should be purchased. Continued community growth will obviously require increased services. It does make sense to keep up with the needs in smaller increments rather than making one huge jump in years to come. The next question is what services would be most appropriate to purchase. After consulting with the people doing the job, and maintaining an awareness of call response myself, I question whether additional patrol hours are required now. There is a period of several hours at the end of night shift and during the first part of the day shift during which only one squad is in town, but with myself available and having increased Officer Bob Zydowsky's responsibilities, the consensus is that coverage is acceptable, and that most of the day we have two officers available. 1 1 1 For discussion, I would like to recommend the consideration of Chanhassen either purchasing additional investigative hours, or purchasing additional traffic enforcement hours. Additional traffic enforcement could be easily accomplished either by buying additional contract hours or simply budgeting money to hire off duty deputies to work traffic. The going rate for off duty officers is $25.00 per hour, plus $10.00 per hour for squad use. I have talked to a number of 1 deputies and have no doubt that these hours could be filled. For example, Chanhassen could have eight hours of traffic enforcement per week throughout the year for $14,560.00. This position would be dedicated solely to traffic enforcement. The other possibility is to increase investigative time dedicated to Chanhassen. In discussing this concept with the Sheriff, I have been told that if we purchase three additional contract hours, we could have three additional hours of dedicated investigative time here. Clearly, property crimes (i.e., burglary, vandalism, theft, etc.) are the crimes the City of Chanhassen is experiencing the most. However, because the detectives with Carver County are so busy on other crimes 1 throughout the County, it is, which they agree with, not uncommon that such property crimes are not able to be investigated for some time after they occur. Also, the investigators are so busy, that they find themselves on the road often, and rather short briefings are basically the only times ' that our staff has contact with them. Therefore, an investigator that was specifically assigned to the City for at least three hours per day would increase interaction with staff, and be able to respond to these crimes more rapidly than might otherwise occur. ' The City Manager er has suggested another idea for consideration. This is that the City of Chanhassen would employ a detective to specifically work Chanhassen cases. This position ' would be a full time position, and would necessitate the hiring of a person that would be able to interact well with the Sheriff's Department, much like Bob Zydowsky has been able to do. This approach would not only increase hours specifically dedicated to Chanhassen police service, ' but would prevent any issues that might occur about what hours are being dedicated to Chanhassen under the previously mentioned approach. The City Manager and I have also ' discussed the fact that such a position could also be used for traffic enforcement or any other specific details. 1 I will place this item on the agenda, with a note that the Sheriff's Department would like a 1 decision made as soon as possible. 1 1 1 1 1 1 PUBLIC SAFETY COMMISSION MEETING 1 10/14/93 1 COMMISSIONERS PRESENT: Brian Beniek, Dave Johnson, Bill Bemhjelm, Eldon Berkland, Dave Dummer, Don Chmiel COMMISSIONERS ABSENT: Craig Blechta COUNCIL PRESENT: Colleen Dockendorf 1 Chairman Beniek opened the meeting at 7 PM. Commissioner Berkland motioned, Commissioner Johnson seconded, to approve the 9/9/93 1 minutes as written. All voted in favor and the motion passed. 1 CARVER COUNTY SHERIFF'S DEPARTMENT Sheriff Wallin and Chief Deputy Castleberry were present to discuss the proposal by Director 1 Harr to hire additional police hours through the Carver County Sheriff's Department, for the City of Chanhassen on a contractual basis, and to include additional hours for off -duty officers for 1 traffic enforcement for the 1994 police contract. Sheriff Wallin talked about the increase in traffic activity, and the need to address this issue. Discussion was had regarding these issues. 1 Commissioner Bernhjelm motioned, Commissioner Johnson seconded that the Public Safety 1 1 Commission endorse the proposal to increase contract hours by 3 hours per day for a flexible law enforcement position through the Carver County Sheriff's Department, and to include $10,000.00 for overtime for additional traffic enforcement. All voted in favor, and the motioned passed. 1 Sgt. Boden provided statistics for the Commission to review on Chanhassen Traffic Studies 1 conducted. Sgt. Boden discussed with the Commission the results of this study. Director Harr & Sgt. Boden talked about the vandalism at Eckankar. Additional patrol has been provided. 1 FIRE DEPARTMENT I First Assistant Chief Bob Moore reported that the Fire Department Open House was a great success, which was held on October 10th. Commissioner Beniek commended the fire department I and especially Fire Marshal Mark Littfin for the excellent job they did throughout Fire Prevention Week and the Open House. Moore also advised that the department is preparing for elections. 1 1 1 1 Page 2 1 BUILDING INSPECTIONS DIVISION ' Director Harr reported for Steve Kirchman that building activity/permits g ac ty /perrruts are steadily busy. PUBLIC SAFETY DEPARTMENT Old Business: 1 Hwy 5 Task Force Update: Commissioner Johnson advised the Commission that the recommendations for the Hwy 5 project have been submitted to the Council. ' Director Harr updated the Commission on the Lake Lucy traffic issue. Director Harr will be sending a letter to area residents regarding what steps can be taken to improve traffic problems. Harr stated that education and enforcement has helpful the situation. 1 Director Harr reported that the Animal Control Contract for 1994, with an additional Community Service Officer position, has been endorsed by the Council, and will be submitted through the ' budget process. The Commission set the date of Thursday, December 9th, at 7 PM, as a work session to work ' exclusively on the shooting boundaries for the 1994 hunting permit. DNR Conservation Officer Steve Walter is to be invited. 1 New Business: Beth Koenig reported that the trial period of having extended office hours in the Public ' Safety/Building Department during the summer months was successful in striving to provide • better customer service. 1 Director Harr updated the Commission on the noise complaints from Eden Prairie residents regarding Lyman Lumber and the railroad. 1 Councilwoman Colleen Dockendorf was present to discuss the current gambling ordinance. Discussion was had on possible additional restrictions for the ordinance. Commissioner ' Bernhjelm motioned that the gambling ordinance remain status quo, Eldon Berkland seconded, all voted in favor except Commissioner Dummer who abstained and the motion carried with a vote of 5 to 1. 1 Commissioner Beniek commended Director Harr for nominating all of the firefighters that were involved in the water rescue (in Chaska during the June 1993 flood) for the Minnesota Public Safety Service Award. 1 1 Page 3 1 At the next Commission meeting to be held on Tuesday, November 16, interviews for applicants 1 for Public Safety Commissioners will take place at 6 PM. The regularly scheduled meeting will begin at 7 PM. 1 Commissioner Berkland motioned, Commissioner Dummer seconded to adjourn the meeting. All voted in favor and the motion passed. 1 1 1 1 1 1 J 1 1 1 1 1 1 1 1 1 1 POSITION DESCRIPTION 1 JOB TITLE 1 Chanhassen Augment Deputy Sheriff /AKA " Flex Position" ' DEPARTMENT Sheriff's in Cooperation with Chanhassen Public Safety 1 LATEST REVISION DATE 1 October 21, 1993 REPORTS TO ' Sgt. /Shift Supervisor & Chanhassen Public Safety Director 1 Scope of Job 1 The Augment Deputy Sheriff assigned to the City of Chanhassen shall primarily serve in such capacity as so directed by the elected Sheriff of the County, in cooperation with the Chanhassen ' Public Safety Director. On a day to day basis, the Deputy shall perform most tasks within the City of Chanhassen augmenting the other Deputies assigned there. Under exigent circumstances, the individual may be assigned to assist the Carver County Sheriff or Chanhassen Public Safety ' Department elsewhere as needed. Work shall be performed in accordance with prescribed Carver County Sheriff's Department ' policies and procedures with specific assignments being directed to the Augment Deputy Sheriff on a routine basis. Specific assignments and directives shall be given in either written or oral form. The Deputy will be expected to perform the work assignments as directed with a reasonable degree of latitude for the exercise of independent judgement. While the person filling this position will be a Carver County Deputy Sheriff, and as such ' expected to abide by all County policies and procedures, this officer will work closely with the Chanhassen Public Safety Director & Chanhassen Public Safety Department. The direct supervisor shall be the sergeant/shift supervisor, but there will be a very close working ' relationship with the Chanhassen Public Safety Director and his designee. Assignments will be coordinated with the shift supervisor and the Public Safety Director or his designee. 1 1 Job Description Page 2 Typical Duties and Responsibilities With the City of Chanhassen growing on a yearly basis, the demand for services upon the deputies already assigned to this community has been steadily growing. The Augment Deputy would lend assistance to these other deputies as follows: 1) By either independently or in working with other deputies in performing lengthy, time consuming and often complex traffic surveys and other traffic related problems. 2) By serving as an auxiliary investigator to aid and assist the other Chanhassen deputies involving criminal activity which has already taken place. 3) By setting up and performing stakeouts or other pro - active, covert operations to effect the arrest of criminals in the act of committing their crimes. 4) By serving as a community resource to the schools, businesses, civic organizations and other groups in Chanhassen. 5) By working with community businesses and civic leaders in determining how the assigned 1 deputies could better serve the community at large. 6) By providing crime prevention services in the community. 1 1 1 1 1 1 1 1 11 CONTRACT FOR POLICE SERVICES THIS AGREEMENT, made and entered into this day of , 19 , by and between the County of Carver, hereinafter referred to as the "County ", and the of , hereinafter referred to as the "Municipality ", and Al Wallin, Carver County Sheriff, hereinafter referred to as the "Sheriff ". 1 WITNESSETH; WHEREAS, the Municipality desires to enter into a contract ' with the County and the Sheriff whereby the County, through its Sheriff's Department, would provide law enforcement services within ' the boundaries of the Municipality; and ' WHEREAS, the County and the Sheriff agree to render such services upon the terms and conditions hereinafter set forth; and ' WHEREAS, such contracts are authorized by the provisions of Minnesota Statutes 471.59, and the 1961 Session Laws Chapter 693. 1 NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed between the parties as follows: 1) The County agrees, through the office of the Sheriff of the County, to provide police protection within the corporate limits of the Municipality to the extent and in the manner ' hereinafter set forth. 1 1 Except as otherwise specifically provided herein, the service 11 to be provided by the County shall encompass those duties and , functions which are the type normally coming within the jurisdiction of and customarily rendered by the Sheriff under the , applicable statutes of the State of Minnesota. It is agreed that the Municipality shall receive police 1 protection to be provided by such personnel as may be assigned by the Sheriff using such vehicles as the Sheriff, in his discretion, shall deem necessary. The police protection contemplated hereby , shall include patrolling and answering police calls within the Municipality. The manner in which such service is rendered, the standards of performance, discipline of officers and all matters incident to the performance of such service or the control of personnel employed to render such service shall be and remain in the County through its Sheriff's Department. In the event a dispute arises between the parties concerning the services to be 1 rendered hereunder, the level thereof or the manner in which such service is provided, the Sheriff of the County shall determine such , dispute and it shall be conclusive and binding on the parties hereto. The services contemplated hereby are scheduled police services ' which will, in fact, be provided to the Municipality for the number of contracted hours reasonably anticipated and required. It shall i not include situations in which, in the opinion of the Sheriff, a police emergency occurs which requires a different use , 2 1 11 of the officer and /or the patrol vehicle, performance of special details relating to the law enforcement service, and the enforcement of State statutes and the municipal ordinance which are ' of a criminal nature or involve the keeping of the peace. It shall not include the enforcement of Municipal ordinances with regard to 1 zoning ordinances, building codes or such other matters which are primarily regulatory in nature. ' 2) It is hereby agreed that the Municipality and all of its ' officers, agents and employees shall render full cooperation and assistance to the County and the Sheriff to facilitate the ' provision of the services contemplated hereby. 3) It is agreed that the County shall provide all necessary ' labor, supervision, equipment, communications facilities, dispatching and necessary supplies to maintain and provide the ' police service to be rendered hereunder. 1 4) The Municipality does not assume any liability for the direct payment of any salaries, wages, or other compensation to personnel employed by the County to perform the services contemplated hereby, nor does it assume any other liability other than that provided for in this Agreement. ' It is agreed that all personnel employed to render the services contemplated hereby shall be employees of the County and ' that the County shall therefore be responsible for providing worker's compensation insurance and all other benefits to which 1 3 i such personnel shall become entitled by reason of their contract II with the County entered into through its collective bargaining II unit. The County agrees that all insurance required to adequately II cover vehicles, personnel and equipment used by the County in the provision of the services contemplated herein will be provided by 1 the County at its own expense. II 5) The term of this contract shall be January 1, 1994 to December 31, 1994. 1 On or before August 15, 1994, the County or the Sheriff shall notify the Municipality of the best estimate of the per hour rate 1 effective for the proposed 1995 contracts. The Municipality shall then determine whether or not it desires to re -enter into a contract for police services for the I following year. In either case, the Municipality shall notify the County of its intention not later than October 1, 1994. Said II notice shall be in writing and shall be received by the Sheriff or his designee at the Carver County Courthouse, 600 East Fourth II Street, Chaska, Minnesota 55318. Said notice must be received by II the Sheriff or his designee by October 1, 1994. In the event the Municipality shall fail to give notice as required hereby, the II County and the Sheriff shall conclusively presume that said Municipality desires to extend the agreement at the estimated 11 hourly rate specified in the notice given by the County. II II 4 II II 1 If the County or the Sheriff do not desire to re -enter into a ' contract for police services for 1995, the Municipality shall be so notified in writing six (6) months prior to the expiration of this contract. 6) The county, its officers and employees and the Sheriff ' shall not be deemed to assume liability for any intentional or ' negligent acts of the Municipality. The Municipality agrees that it will hold the County and the Sheriff harmless from and shall ' defend its officers, agents and employees against any claim for damages resulting from such acts. 7) For performing the services contemplated hereby, the ' Municipality agrees to contract for hours for the year 1994, and to pay the actual cost thereof. The estimated hourly ' rate for 1994 is to be $ 35.86 , for an estimated total yearly payment of $ for the year 1994, one -half thereof ($ ) to be paid on or before June 30, 1994, and ' the remaining one -half ($ ) to be paid on or before November 30, 1994, at which time the Municipality shall receive 1 credit for its share of any benefit to which it may become entitled pursuant to Minnesota Statutes 69.011 (as amended). ' 8) As soon after the end of the year 1994 as reasonably practicable, the County will perform calculations to determine if ' the estimated hourly rate of $ 35.86 reflects the actual cost of hourly service. The County will promptly notify the Municipality of said actual costs, and thereupon, if the actual ' cost is higher than $ 35.86 the Municipality will pay to the 1 , 5 1 County the difference between the estima ted amount and actual cost; if the actual cost is lower than $ 35.86 the County will refund 1 to the Municipality said difference. In the event actual cost exceeds the estimated hourly rate, 1 the Municipality may pay the difference within 60 days of receipt of notice from the County of the amount due. If the Municipality cannot pay the amount due in full within 60 days after 1 notification, payment must be made in full, or in two installments concurrent with the semiannual payments due for 1996 police contracts. However, payments made after the notification period shall be subject to 6% interest on the balance due. 1 In the event actual cost is less than the estimated hourly 1 rate, the County shall refund to the Municipality the difference under the same terms and conditions stated in the preceding , paragraph. However, if either party gives proper notice to cancel police 1 services for 1995, the actual costs for 1994 police services shall be subject to the recapture provisions above. 1 1 6 1 I IN WITNESS THEREOF, the Municipality has caused this agreement 11 to be executed by its and its by the authority of its governing body adopted by Resolution on the day of , , and the County of Carver has caused this Agreement to be executed by its Chairman 1 and attested by its Administrator pursuant to the authority of the 1 Board of County Commissioners by Resolution duly adopted on the day of , 19 1 MUNICIPALITY: 1 By 1 By Dated 1 COUNTY OF CARVER: BY Earl F. Gnan, Chairman of the Board ' ATTEST: 1 Richard Stolz, County Administrator 1 SHERIFF OF THE COUNTY OF CARVER 1 1 Al Wallin, Sheriff Dated: 1 7 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1