06-26-17 CC WS Agenda CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD
CITY COUNCIL WORK SESSION COUNCIL CHAMBERS
MONDAY, JUNE 26,2017 6:00 P.M.
AGENDA
1. CONVENE CITY COUNCIL WORK SESSION
A. Roll Call
Mayor Zerby
Johnson
Labadie
Siakel
Sundberg
B. Review Agenda
ATTACHMENTS
2. Southshore Center City Administrator memo
3. Lake Improvement District City Administrator memo
4. Adjourn
#2
MEETING TYPE
City of Shorewood Council Meeting Item WORKSESSION
..........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Title/Subject: Southshore Center
Meeting Date: June 26, 2017
Prepared by: Greg Lerud
Reviewed by:
Attachments:
Options: For discussion purposes for tonight's work session, and in light of the RFI responses the city
received last month, I thought I would lay out five general options for the council to consider with
questions or points for discussion beneath each. These are not mutually exclusive options:
1. Continue as-is. Right now the City pays approximately$70,000 per year for the cost to operate
the center(net revenues to expenses.) That is a dollar amount that while not preferred, is
sustainable.
2. Hire specific service for marketing the SSC. Twila does a great job staffing and managing the
programming at the SSC. Should the city consider hiring an individual or company to market the
SSC. If the council decides yes—who and how do we market?
3. Basically enhance what we presently do. Is there a low cost way to bring in additional
programming similar to what we do now?
4. Sell the building. There are many questions with this option, not the least of which is parking
and access. Any owner of the building would certainly want guarantees for parking, and even
with the proposed Badger Park parking lot improvements,there would be conflicts. (The city
has trouble now balancing parking usage for all of the facilities.)
5. Tear the building down. I do not believe this is a viable option.
Mayor Zerby's point about this building costing the city$1 million plus is well taken. The city has made a
significant investment in this building and something needs to be done to minimize the operational cost
to the city. Another issue is the physical improvements/updates that need to be done to the building.
Mission Statement: The City of Shorewood is committed to providing residents quality public services, a
healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial
management through effective, efficient, and visionary leadership. Page 1
#3
MEETING TYPE
City of Shorewood Council Meeting Item WORKSESSION
..........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Title/Subject: Lake Improvement District
Meeting Date: June 26, 2017
Prepared by: Greg Lerud, City Administrator
At the work session on June 12, there was some discussion about a Lake Improvement District,what it is
and how it functions. As Eric Evenson said,the cities of Excelsior and Greenwood established a LID for
St. Albans Bay. Dana Young provided the information contained in this agenda item.
This is informational only- no action is requested or required.
Mission Statement: The City of Shorewood is committed to providing residents quality public services, a
healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial
management through effective, efficient, and visionary leadership. Page 1
LAKE IMPROVEMENT DISTRICTS
103B.501 LAKE IMPROVEMENT DISTRICTS.
Sections 10313.501 to 10313.581 may be cited as the "Labe Improvement District Law."
History:
1990c391 art 2s30
103B.505 DEFINITIONS.
Subdivision 1.Applicability.
The definitions in this section apply to sections 10313.505 to 103B.581.
Subd. 2.Board.
"Board" means county board.
Subd. 3.Commissioner.
"Commissioner" means the commissioner of natural resources.
Subd. 4.District.
"District" means a lake improvement district.
Subd. 5.Joint county authority.
"Joint county authority" means a joint county authority formed by county boards under
section 10313.525.
Subd. 6.Property owner.
"Property owner" means the owner of real property within the district or the buyer under
contract for deed of property in the district.
History:
1990c391 art 2s31
103B.511 ADMINISTRATION BY COMMISSIONER.
Subdivision I.Purpose.
(a) To preserve and protect the lakes of the state and to increase and enhance the use and
enjoyment of the lakes it is in the public interest that a statewide lake improvement program
is established to: preserve the natural character of lakes and their shoreland environment
where feasible and practical; improve the quality of water in lakes; provide for reasonable
assurance of water quantity in lakes, where feasible and practicable; and to assure protection
of the lakes from the detrimental effects of human activities and certain natural processes.
The commissioner shall coordinate and supervise a local-state program for the establishment
of lake improvement districts by counties for lakes located within their boundaries, based on
state guidelines and rules and compatible with all state, regional, and local plans where the
plans exist.
(b) In administration of this program, the commissioner of natural resources shall
consult with and obtain advice from other state agencies on the aspects of the program over
which the agencies have specific legislative authority, including the Department of Health
and the Pollution Control Agency.
Subd. 2.Rules.
The commissioner shall adopt permanent rules to provide guidelines, criteria, and
standards for the establishment of lake improvement districts by counties.
History:
1990 c 391 art 2 s 32. 1995 c 233 art 2 s 56
103B.515 INITIATION AND ESTABLISHMENT BY COUNTY BOARD.
Subdivision I.Resolution of intent.
The county board may initiate the establishment of a lake improvement district in a
portion of the county under this section. The board must adopt a resolution declaring the
intent of the board to establish a lake improvement district. The resolution must:
(1) specify the boundaries of the district, which shall be encouraged to be as consistent
as practical with natural hydrologic boundaries;
(2)prescribe the water and related land resource management programs to be
undertaken in the district;
(3) state how the programs will be financed;
(4) designate the county officer or agency that will be responsible for supervising the
programs; and
(5) set a date for a hearing on the resolution.
Subd. 2.Notice to town board.
The county board shall, at least 30 days before making an order establishing a lake
improvement district, send the town board of a town wholly or partially within the
boundaries of the proposed district a copy of the resolution and encourage the town board to
respond to the proposed creation of the district.
Subd. 3.Hearing.
The county board must hold a public hearing on whether a lake improvement district
should be established. Before the date set for the hearing, any interested person may file
objections to the formation of the district with the county auditor. At the hearing, any
interested person may offer objections, criticisms, or suggestions about the necessity of the
proposed district and how the person's property will be benefited or affected by the
establishment of the district.
Subd. 4.Establishment.
(a) The county board may establish a lake improvement district, by order, after making
findings, if the board determines that the:
(1)proposed district is necessary or that the public welfare will be promoted by the
establishment of the district;
(2)property to be included in the district will be benefited by establishing the district;
and
(3) formation of the district will not cause or contribute to long-range environmental
pollution.
(b) The order establishing the district must state the board's findings and specify or
prescribe the items contained in subdivision 1, clauses (1) to (4).
History:
1990c391 art 2s33
103B.521 INITIATION BY PETITION AND ESTABLISHMENT BY COUNTY
BOARD.
Subdivision 1.Petition.
(a) A lake improvement district may be initiated by a petition to the county board. The
petition must state:
(1) the name of the proposed lake improvement district;
(2) the necessity of the proposed district to promote public health or public welfare;
(3) the benefits to property from the establishment of the lake improvement district;
(4) the boundaries of the proposed district which shall be encouraged to be as consistent
as possible with natural hydrologic boundaries;
(5) a map of the proposed district;
(6) the number, from five to nine, of directors proposed for the district; and
(7) a request for establishing the district as proposed.
(b) A petition must be signed by a majority of the property owners within the proposed
lake improvement district described in the petition. Governmental subdivisions, other than
the state or federal governments, owning lands within the proposed district are eligible to
sign the petition.
(c) The petition must be filed with the county auditor and addressed to the board,
requesting the board to establish a lake improvement district to develop and provide a
program of water and related land resources management.
(d) The county board shall, at least 30 days before it acts on a petition, send the town
board of a town wholly or partially within the boundaries of a proposed district a copy of the
petition submitted under this subdivision and encourage the town board to respond to the
proposed creation of the district.
Subd. 2.Hearing.
After receiving the petition, the county auditor must verify the signatures and notify the
county board. Within 30 days after being notified of the petition, the county board must hold
a public hearing on whether the requested lake improvement district should be established.
Subd. 3.Establishment.
Within 30 days after holding the public hearing, the county board shall, by order,
establish or deny the establishment of the petitioned lake improvement district. An order
establishing a district must conform to section 10313.535 and may modify the petition
relating to the district's boundaries, functions, financing, or organization.
History:
1990 c 391 art 2 s 34. 2003 c 91 s I
103B.525 ESTABLISHMENT OF DISTRICT IN MORE THAN ONE COUNTY.
Where the natural hydrologic boundaries of a proposed district extend into more than
one county, the county boards of the counties affected may form a joint county authority and
establish and maintain a lake improvement district jointly or cooperatively as provided in
section 471.59. The district may be initiated by the joint county authority in the same manner
as by a county board under section 10313.515 by petition to the affected county boards.
History:
1990c391 art 2s35
103B.531 CREATION BY COMMISSIONER OF NATURAL RESOURCES.
Subdivision I.Petition to commissioner.
If the county board of one or more of the counties affected has disapproved a petition
for creation of a lake improvement district for an area, a petition for creation of a lake
improvement district containing information required by section 10313.521, subdivision 1,
may be submitted to the commissioner of natural resources.
Subd. 2.Determination to hold hearing.
Upon receipt of the petition by the commissioner and verification of the signatures on
the petition by the county, the commissioner may, within 30 days following verification, hold
a public hearing at the expense of the county board on the question of whether the requested
lake improvement district shall be established. The commissioner, in determining whether to
hold a public hearing, shall examine all facts relating to the petition, including the reasons
why the petition was disapproved by the county.
Subd. 3.Approval or denial of petition.
(a) If a hearing is not to be held, within 30 days following the receipt of verification by
the county, or within 30 days following the holding of a hearing, the commissioner shall, by
order, approve or disapprove the establishment of the requested lake improvement district.
(b) If the commissioner determines that the establishment of the lake improvement
district as requested in the petition would be for the public welfare and public interest, and
that the purposes of section 10313.511, subdivision 1, would be served by the establishment
of a lake improvement district, the commissioner shall by order approve the establishment of
the lake improvement district. If the commissioner does not approve the establishment of the
district, the commissioner shall by order disapprove the establishment.
(c) An order approving creation may contain modifications of the area's boundaries,
functions, financing, or organization from what was stated in the petition.
History:
1990c391 art 2s36
103B.535 ORDER ESTABLISHING DISTRICT.
An order establishing a district must state the:
(1) name of the district;
(2) boundaries of the district, which are encouraged to be as consistent as practical with
natural hydrologic boundaries;
(3) water and related land resources management programs and services to be
undertaken;
(4) manner of financing programs and services; and
(5) number, qualifications, terms of office, and method of election, removal, and filling
of vacancies of the board of directors, including a method for property owners not present at
the annual meeting to participate in the election of the district board.
History:
1990 c 391 art 2 s 37 2000 c 396 s I
103B.541 PUBLICATION AND EFFECTIVE DATE.
Subdivision I.Publication of establishment order.
If a lake improvement district is established, the county board, or joint county authority
issuing the order establishing the district, shall publish the order once in the official
newspapers of counties where the district is located and file the order with the secretary of
state, the Pollution Control Agency, and the commissioner of natural resources.
Subd. 2.Effective date.
Establishment of the lake improvement district is effective 30 days after publication or
at a later date, if specified in the establishment order.
History:
1990c391 art 2s38
103B.545 REFERENDUM ON ESTABLISHMENT.
Subdivision I.Petition.
Twenty-six percent of the property owners within the lake improvement district
proposed by the board or a joint county authority on its own initiative under section
10313.515, by petition under section 10313.521, or by the commissioner under section
10313.531, may petition for a referendum on establishing the district before the effective date
of its establishment. After receiving the petition, the county board,joint county authority, or
commissioner that proposed establishing the district must issue an order staying the
establishment until a referendum vote is taken of all qualified voters and property owners
within the proposed lake improvement district.
Subd. 2.Election.
The county board or joint county authority shall conduct a special election in July or
August after receiving the referendum petition. The special election must be held within the
proposed lake improvement district. The county auditor shall administer the special election.
Subd. 3.Question submitted to voters.
The question to be submitted and voted upon by the qualified voters and property
owners within the proposed lake improvement district must be stated substantially as
follows:
"Should a lake improvement district be established to provide (description of intended
water and related land resources improvements) and financed by (description of revenue
sources)?"
Subd. 4.Certification of vote and establishment.
The county auditor must certify the vote on the question submitted. If a majority of
those voting on the question favor establishing the proposed lake improvement district, the
stay on establishing the district is lifted. If a majority of those voting on the question do not
favor establishing the proposed lake improvement district, the establishment is denied.
History:
1990 c 391 art 2 s 39. 2000 c 396 s 2
103B.551 BOARD OF DIRECTORS.
Subdivision 1.Membership.
After a lake improvement district is established, the county board,joint county
authority, or commissioner that established the district shall appoint persons to serve as an
initial board of directors for the district. Subsequent board members must be elected by
persons owning property in the district at the annual meeting of the district. The number,
qualifications, terms of office, and method of election, removal, and filling of vacancies of
directors shall be as provided in the order creating the board of directors. The initial and all
subsequent boards of directors must include persons owning property within the district, and
a majority of the directors must be residents of the district.
Subd. 2.Compensation.
The directors shall serve with compensation as determined by the property owners at the
annual meeting and may be reimbursed for their actual expenses necessarily incurred in the
performance of their duties in the manner provided for county employees.
Subd. 3.Powers.
County boards,joint county authorities, statutory and home rule cities, and towns may,
by order, delegate the powers in this section to the board of directors of a district to be
exercised within the district. Programs and services undertaken must be consistent with the
statewide water and related land resources plan prepared by the commissioner of natural
resources and with regional water and related land resources plans. A body of water may not
be improved by using authority granted under this section unless the public has access to
some portion of the shoreline. County boards,joint county authorities, statutory and home
rule cities, and towns may delegate their authority to a district board of directors to:
(1) acquire by gift or purchase an existing dam or control works that affects the level of
waters in the district;
(2) construct and operate water control structures that are approved by the commissioner
of natural resources under section 103G.245;
(3) undertake projects to change the course current or cross section of public waters that
are approved by the commissioner of natural resources under section 103G.245;
(4) acquire property, equipment, or other facilities, by gift or purchase to improve
navigation;
(5) contract with a board of managers of a watershed district within the lake
improvement district or the board of supervisors of a soil and water conservation district
within the district for improvements under chapters 103C and 10313;
(6) undertake research to determine the condition and development of the body of water
and the water entering it and to transmit the results of the studies to the Pollution Control
Agency and other interested authorities;
(7) develop and implement a comprehensive plan to eliminate water pollution;
(8) conduct a program of water improvement and conservation;
(9) construct a water, sewer, or water and sewer system in the manner provided by
section 444.075 or other applicable laws;
(10)receive financial assistance from and participate in projects or enter into contracts
with federal and state agencies for the study and treatment of pollution problems and related
demonstration programs;
(11) make cooperative agreements with the United States or state government or other
counties or cities to effectuate water and related land resource programs;
(12) maintain public beaches, public docks, and other public facilities for access to the
body of water;
(13)provide and finance a government service of the county or statutory or home rule
city that is not provided throughout the county or, if the government service is provided, the
service is at an increased level within the district; and
(14)regulate water surface use as provided in sections 86B.205, 103G.605, and
103G.621.
History:
1990 c 391 art 2 s 40. 1996 c 385 art 2 s 7 2000 c 396 s 3
103B.555 FINANCING.
Subdivision 1.Revenue.
The county board or joint county authority may undertake projects of improvement
consistent with purposes of the district. To finance projects and services of the district, the
county board or joint county authority may, only after seeking other sources of funding:
(1) assess the costs of the projects upon benefited property within the district in the
manner provided under chapter 429;
(2) impose service charges on the users of lake improvement district services within the
district;
(3) issue obligations as provided in section 429.091;
(4) levy an ad valorem tax solely on property within the lake improvement district, to be
appropriated and expended solely on projects of special benefit to the district; or
(5) impose or issue any combination of service charges, special assessments,
obligations, and taxes.
Subd. 2.Tax additional to other Levies.
A tax under subdivision 1 may be in addition to amounts levied on all taxable property
in the county for the same or similar purposes.
Subd. 3.Budgeting for operations.
The county board or county boards forming the j oint county authority shall include
appropriate provisions in their budget for the operation of a lake improvement district.
Subd. 4.District obligations.
The district, with approval of the county board or joint county authority, expressed in a
resolution identifying each specific improvement to which the approval applies, may exercise
the powers of a city under chapter 429 and section 444.075, including, but not limited to:
(1) the levy of special assessments;
(2) the imposition of rates and charges; and
(3) the issuance of bonds
to finance improvements that the district may undertake.
History:
1990 c 391 art 2 s 41. 2000 c 396 s 4; 2001 c 214 s I
103B.561 VOTING BY JOINT COUNTY BOARDS.
If a lake improvement district has been established by order of the commissioner of
natural resources under section 10313.531, voting by county boards on joint actions of the
lake improvement district shall be based on proportional representation for each county
according to the proportion of the population of the lake improvement district residing within
each county and not on the basis of one vote per county or one vote per county board
member unless each county or each board member represents substantially the same number
of persons residing within the lake improvement district.
History:
1990 c 391 art 2 s 42
103B.565 ENFORCEMENT OF ORDINANCES.
If a lake improvement district has been established by joint county action under section
10313.525 or order of the commissioner of natural resources under section 10313.531,
ordinances and regulations adopted by joint action of the affected county boards may be
enforced in any part of the lake improvement district by personnel of any of the affected
counties.
History:
1990 c 391 art 2 s 43
103B.571 ANNUAL MEETING OF DISTRICT.
Subdivision 1.Time.
A district must have an annual meeting. The first annual meeting shall be scheduled
during the month of July or August and be held annually in that period unless changed by
vote of the previous annual meeting.
Subd. 2.Notice.
The annual meeting shall be preceded by two weeks'published notice and written notice
mailed at least ten days in advance of the meeting to the county board or joint county
authority, town boards and statutory and home rule charter cities wholly or partially within
the district, the Pollution Control Agency, commissioner of natural resources, and if there is
a proposed project by the district having a cost in excess of$5,000, all property owners
within the assessment area.
Subd. 3.Agenda.
(a) At the annual meeting the district property owners present shall:
(1) elect one or more directors to fill any midterm vacancies in the board of directors;
(2) approve a budget for the fiscal year;
(3) approve or disapprove proposed projects by the district having a cost to the district in
excess of$5,000; and
(4) take up and consider other business that comes before them.
(b) At the annual meeting all district property owners, including absent members as
provided in the order establishing the district, shall elect one or more directors for board
positions with expiring terms.
Subd. 4.Annual report.
Each year the board of directors shall prepare and file a report of the financial conditions
of the district, the status of all projects in the district, the business transacted by the district,
other matters affecting the interests of the district, and a discussion of the directors' intentions
for the succeeding years. Copies of the report shall be transmitted to the county board or joint
county authority, town boards and city councils of statutory and home rule charter cities
wholly or partially within the district, the commissioner of natural resources, and the
Pollution Control Agency by four months after the annual meeting.
History:
1990 c 391 art 2 s 44. 2000 c 396 s 5
103B.575 EXPANSION OF BOUNDARIES OF A LAKE IMPROVEMENT
DISTRICT.
The boundary of a district may be enlarged by complying with the procedures to
establish a district under sections 10313.511 to 10313.541.
History:
1990 c 391 art 2 s 45
103B.581 TERMINATION.
Subdivision 1.Petition.
Termination of a district may be initiated by petition requesting the termination of the
district. The petition must be signed by a majority of the property owners in a district within
30 days after receiving a petition. The county board or joint county authority must set a time
and place for a hearing on terminating the district.
Subd. 2.Findings and order.
If the board or joint county authority determines that the existence of the district is no
longer in the public welfare or public interest and it is not needed to accomplish the purpose
of the Labe Improvement District Law, the board or joint county authority shall mare the
findings and terminate the district by order. On filing a certified copy of the findings and
order with the secretary of state, Pollution Control Agency, and commissioner of natural
resources the district is terminated and ceases to be a political subdivision of the state.
Subd. 3.Termination of financing.
If a district is terminated under subdivision 2, additional water and related land resource
management programs may not be undertaken with money raised by a special tax within the
district, and additional special water and related land resource management taxes may not be
levied within the district. If money raised by past special tax levies within the district has
been exhausted, further operation and maintenance of existing programs may be financed by
appropriations from the general revenue fund of an affected county.
History:
1990 c 391 art 2 s 46 1999 c 86 art I s 18. 2003 c 91 s 2
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■ 2015 Minnesota Statutes
■ LOCAL PUBLIC UTILITIES, ENTERPRISES
■ Chapter 459
■ Section 459.20
459.18459.31
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Section 459.20
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Topics
• Cities
• Joint Powers Agreements
• Lake Improvement Districts
• Lakes and Ponds
• Towns
459.20 AUTHORITY OVER PUBLIC WATERS.
The governing body of any home rule charter or statutory city or town in the state has,
with respect to any body of water situated wholly within its boundaries, all the powers to
improve and regulate the use of such body of water subject to section 86B.205, subdivision
6, as are conferred on county boards by sections 86B.205 and 103F.8011 and to establish and
administer lake improvement districts under sections 103B.501 to 103B.581. With respect to
any body of water situated wholly within the contiguous boundaries of two or more home
rule charter or statutory cities or towns or any combination thereof, the city councils and
town boards may, under the provisions of section 471.59,jointly exercise such powers to
improve and regulate the use of the body of water subject to section 103F.751, as are
conferred on county boards by sections 86B.205 and 103F.8011 and to establish and
administer lake improvement districts as provided under sections 103B.501 to 103B.5811
provided that no home rule charter or statutory city or town may establish and administer a
lake improvement district or exercise any of the powers granted in this section if a lake
improvement district covering the same territory has been created by a county board under
sections 103B.501 to 103B.581. References in sections 86B.205, 103B.501 to 103B.581, and
103F.801 to the county board shall be construed to refer to the governing body of a home
rule charter or statutory city or the board of supervisors of a town.
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Milfoil Treatments — Full Bay -2011 & 2013
• Cost of $106,000 LMA Management + $16,800 (3 years) _ $122,800
Breakdown:
• Cities of Excelsior and Greenwood $15,000
• DNR $22,000
• Lakeshore owners $91,800
• Currently in the Bank $20,,000
$148,800
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• New residents don't know
• Existing residents forget _ - Pill -_ -
how bad the milfoil was
before 2011 _ -f
• Lack of initial excitement
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for fundraising?
DUE TO
What can we do? WATER QUALITY
UNTIL FURTHER
NOVCE
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Ongoin.g e en i as' a uatic I nts
LIDs were established by the legislature in 1973
Purpose of LIDs is to create a tax district for management of:
clean water
➢ lake levels
invasive aquatic species
Ongoing mana e en aquatic lants
St Albans Bay LID purpose :
Provide a sustainable funding source
Dedicated locally controlled tax
Paid by all benefitting property owners
1 F
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Ongoing management of invasive aquatic plant
LID OVERVIEW :
Who would collect the funds? Hennepin County
Who would control the funds? City of Greenwood
Who would direct the funds? Board made up of
benefitting
property owners
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Ongoing management of invasive aquatic plants
LID OVERVIE - - -_ -Who Have We Talked to About an LID?
DNR
Hennepin County
Minnehaha Watershed District
Lake Minnetonka Conservation District
Cities of Excelsior and Greenwood
Majority of property owners who are effected
1 F
Ongoing management of invasive aquatic plants
LID OVERVIE -
What would the LID boundaries be?
• lakefront properties
Channel properties
- . 7 Those with lake
access (?)
fA To be determined
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Ongoing management of invasive aquatic plants
LID OVERVIE - - -_ -
What is a typical LID annual budget for St. Albans Bay?
Assuming a 2 year treatment cycle
$30,000 annually
1 F
Ongoing management of invasive aquatic plant
LID OVER—— - -_ - -
What would be the method of determining the LID's proposed
tax levies?
Process to be managed by an elected
Board of Directors comprised of benefitting
property owners.
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Ongoing management of invasive aquatic plants
LID OVERVIE - -_ - -
• Simple Example : 166 effected property owners
Annual costs $30,000
City of Greenwood -$2,500
Marinas (3 @ $500 each) -$1,500
$26,000
$26,000/166 property owners = $160 each
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JOINT COOPERATION AGREEMENT BY AND
BETWEEN THE CITIES OF EXCELSIOR AND GREENWOOD, MINNESOTA
FOR THE ESTABLISHMENT OF A
ST. ALBAN'S BAY LAKE IMPROVEMENT DISTRICT
This agreement is made and entered into by and between the city of Excelsior, State of Minnesota
(hereinafter referred to as "Excelsior"), 335 Third Street, Excelsior, MN 55331 and the city of Greenwood,
State of Minnesota, (hereinafter referred to as "Greenwood"), 20225 Cottagewood Road, Deephaven, MN
55331.
RECITALS
Excelsior and Greenwood agree that it is desirable and in the interest of their communities that a
Lake Improvement District be established for the management and control of Aquatic Invasive Species in St.
Alban's Bay, Lake Minnetonka,together with all powers intended thereto.
To that end, Excelsior and Greenwood, each a governmental unit of the State of Minnesota, hereby
enter into this Joint Cooperation Agreement pursuant to Minnesota Statutes §471.59.
I.
PURPOSE
The general purpose of this agreement is to establish a Lake Improvement District authorized under
Minnesota Statutes §10313.501 et seq and §459.20 to manage Aquatic Invasive Species in St Alban's Bay,
Lake Minnetonka, and to otherwise monitor the water resource.
II.
NAME
The organization established by this agreement shall be known as the"St. Alban's Bay Lake
Improvement District."
III.
DEFINITIONS
As used herein,these terms shall mean as follows:
Section 1. "Lake Improvement District(LID)" means St. Alban's Bay Lake Improvement District as
otherwise authorized by the Lake Improvement District law, Minn. Stat. §10313.501 to §10313.581,the
organization created pursuant to this agreement.
Section 2. "Director"means a person appointed to the Board by either Excelsior or Greenwood, or a
person elected to serve on the Board by affirmative vote of a majority of the Property Owners present and
entitled to vote or appearing by mailed ballot at the Annual Meeting.
Section 3. "Member" means a city which enters into this agreement.
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Section 4. "Pro_gram" shall mean the various water resource management programs and services
undertaken from time to time by LID.
Section 5. "Property Owners"mean the owner or owners of various real estate parcels identified by
Hennepin County PID number located within the official boundaries of the LID as illustrated on the official
map of the LID, attached hereto as Exhibit A.
Section 6. "District" shall mean all of the real estate parcels located within the official boundaries of
LID, as illustrated and defined on the official map of the LID (See Exhibit "A" attached).
Section 7. "Board"means the governing political body of the LID comprised of Directors appointed
by the cities of Excelsior and/or Greenwood or persons elected to membership on the Board as provided
herein. The management of the LID shall be vested in the Board.
Section 8. "Annual Meeting"means a meeting of the Board and Property Owners, called by the
Board and so designated, held in July or August at which the action items set forth at Article VII, Section 2
shall be acted upon.
Section 9. "Official Office" means the physical office space designated and maintained by the Board
at which the LID shall receive US Mail, the LID's designated agent for the receipt of Legal Process shall
office, and the Secretary and the Fiduciary Agent shall maintain the official records and conduct LID
business.
IV.
MEMBERS
Section 1. Members. The Member Cities entering into this Joint Cooperation Agreement are the city
of Excelsior and the city of Greenwood, Minnesota.
Section 2. Fiduciary Agent. An individual or entity shall be appointed by mutual agreement of the
Greenwood and Excelsior City Councils to be the Fiduciary Agent charged with the day-to-day management
of the LID's financial affairs including custodial possession of the LID's books and accounts and shall be
authorized to receive, hold, and disburse LID funds and shall also be authorized to accept Service of Legal
Process on behalf of the LID. A statement of duties of the Fiduciary Agent may be adopted by mutual
agreement of the Excelsior and Greenwood City Councils and made a part of the job description of the
Fiduciary Agent at the time of their appointment.
V.
DIRECTORS
Section 1. Number. The LID shall have seven Directors and two Ex-Officio Directors, one each
appointed by the cities of Excelsior and Greenwood. With the exception of matters addressing the approval
of the budget and financial expenditures,the Ex-Officio Directors shall have an advisory role but no vote on
matters presented to the Board.
Section 2. Initial Appointment. The City Councils of Excelsior and Greenwood shall,by mutual
agreement, initially appoint seven Property Owners within the LID boundaries to serve as the initial LID
Directors on the Board with Excelsior selecting two and Greenwood selecting five appointees. By mutual
agreement of the cities, one of these shall be appointed Interim Chair. Once sworn in,these Directors shall
serve until the first Annual Meeting of the LID and swearing in of the first publicly elected Board of
Directors.
Section 3. Term. At the first Annual Meeting of the LID,three Directors shall be elected to two-year
terms and four Directors shall be elected to one-year terms. At the second and subsequent Annual Meetings
of the LID Directors shall be elected to two-year terms except that Directors who are elected to midterm
vacancies shall serve the remainder of their term.
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Section 4. Director Candidacy. Annually,Property Owners desiring to stand for election to the
Board as a Director shall file with the Secretary of the LID, (or the Secretary's designee for receipt of said
filings) or the LID Designated Agent at the Official Office, on or before the close of business at the Official
Office on the First Tuesday in June, a Declaration of Candidacy for Director. A Property Owner who so files
shall be added to the Slate of Director Candidates to be submitted to a vote at the following Annual Meeting
of the Board.
Section 5. Compensation. Directors shall serve without compensation from the LID or the member
cities. In the absence of a written contract previously approved by the Board,the LID shall not honor claims,
invoices, statements, or requests for reimbursements for labor submitted or services rendered by a Director, a
Property Owner, or LID volunteer rising from or incidental to LID's activities,programs and actions.
VI.
OFFICERS
Section 1. Annual Election. The Officers of the LID shall consist of a Chair, a Vice Chair, and a
Secretary and shall be elected for one-year terms by the Board at the Annual Meeting. The initial LID Board
appointed by the City Councils of Excelsior and Greenwood shall meet within two months of appointment at
the call of the Interim Chair and thereat shall elect, Interim Officers to serve until the swearing in of their
replacements at the first LID Annual Meeting.
Section 2. Chair and Vice Chair. The Chair shall preside at all meetings of the Board or the Property
Owners and Directors. The Chair shall perform all duties typically incident to the Office of a Chief Executive
Officer of a municipal political body and shall perform such other duties as may be prescribed by action of
the Board,this Joint Cooperation Agreement, or law. The Chair shall select Sub-Committee Chairs and may
recommend to the Board Sub-Committee appointments thereto. The Vice Chair shall act as Chair in the
absence of the Chair.
Section 3. Secretary. The Secretary shall be responsible for keeping a record of all the proceedings
of the LID and the giving of notice of regular and special meetings. The Secretary shall be responsible for the
preparation of Board minutes and shall keep the LID minutes and records at the office of the Fiduciary
Agent. The Secretary may delegate the duties of preparing Minutes to a third parry, including outside private
contract service provider subject to the approval of the Board.
The Fiduciary Agent shall be custodian of the LID's funds,pay its bills,keep financial records, and
generally manage funds received, and oversee their disbursement and the LID's financial affairs. LID funds
shall be kept on deposit in financial institutions or invested as approved by the Board of Directors in the
same manner and practice demanded of a municipal corporation under State law.
The Fiduciary Agent shall cause a monthly financial report to be made to the Board,which shall be
included in public records of the LID and in the minutes of the Board meetings. The Board shall set
compensation for the Fiduciary Agent as negotiated under a contract for services to be rendered.
Section 4. Authorized Expenditures. All checks drawn upon the LID bank account shall require the
signatures of the Chair, or in the Chair's absence, the Vice Chair, and the Fiduciary Agent.
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VII.
MEETINGS
Section 1. Bylaws. The Board shall adopt bylaws governing its procedures including the time,place,
notice for and frequency of a set of fixed regular quarterly meetings,procedure for calling special meetings,
and other procedural meeting related matters. The Board may amend the bylaws from time to time.
Section 2. Annual Meeting. The Board shall call an Annual Meeting of Property owners to be held in
July or August each year. At the Annual Meeting the Board shall submit a Slate of Director Candidates to
Property Owners for vote. The affirmative vote of the majority of the Property Owners with voting rights
present and entitled to vote, including absentee ballots of same physically received by the LID by 5 PM on
the date of the Annual Meeting, shall be the act of the Property Owners and shall be binding on the Board.
The top vote getters for the open Director seats shall be elected. At the Annual Meeting the Board also shall
(1) elect Officers to be seated immediately, (2)review and approve a budget for the next calendar year, (3)
approve proposed programs,projects, and expenditures having a cost in excess of$5,000, and(4)take up
and consider any other business that properly comes before them. At the Annual Meeting,the Board may
elect to submit to a vote of the Property Owners such other matters as it deems appropriate. Provided the vote
of the Property Owners directs or approves a lawful LID action otherwise authorized under this Agreement,
the vote of the Property Owners shall be binding on the Board.
Section 3. Annual Meeting Notice. The Annual Meeting shall be preceded by two weeks published
notice in the legal newspapers of the Member Cities, shall be posted on the public notice board of the
Member Cities and written notice shall be mailed at least ten days in advance of the meeting to the Member
Cities, the Pollution Control Agency, Commissioner of Natural Resources, and to all Property Owners of
record on the Hennepin County Property Tax Information website within the LID assessment area.
VIII.
POWERS, RIGHTS AND DUTIES OF LID
The LID shall have the following powers,rights, and duties:
Section 1. Primary Purpose. The"primary purpose" of the LID is to prepare a Lake Vegetation
Management Plan and programs to control Aquatic Invasive Species in St. Alban's Bay, Lake Minnetonka,
including,but not limited to, Eurasian Water Milfoil and Curley-leaf Pond Weed and, as needed,to monitor
vegetation,wildlife,water quality, and use of St. Alban's Bay to preserve St. Alban's Bay as a natural water
resource.
Section 2. Specific Powers. The following specific statutory powers permitted the LID pursuant to
Minn. Stat. §10313.551, Subd. 3 are hereby granted to the Board; the power to:
1) Acquire property, equipment, or other facilities by gift, lease, or purchase to implement the
primary purpose.
2) Contract with governmental agencies as needed and appropriate to the implementation of the
primary purpose.
3) Conduct a program(s) of AIS control and elimination in conformance with the primary purpose,
water improvement and conservation, as more particularly described on attached Exhibit B.
Enumerated powers under Minn. Stat. §10313.551, Subd. 3,not set forth above are not granted to the LID.
Section 3. Gifts/Grants. The LID may accept gifts, apply for and use grants and enter into agreements
in connection therewith and it may hold,use and dispose of money or property received as a gift or grant in
accordance with the terms hereof.
Section 4. Contracts. The LID may enter into any contracts deemed necessary to carry out its powers
and duties. All contracts shall be let and purchases shall be made in accordance with the legal requirements
applicable to contracts and purchases by statutory cities of Minnesota.
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Section 5. Property. The LID may purchase, lease, or acquire personal property and sell, assign, and
transfer personal property upon an affirmative majority vote of the Board,but may not purchase, transfer or
convey real property without the approval of 2/3 of a quorum of the Board, and a 2/3 vote of Property
Owners voting in person or by absentee ballot at the Annual Meeting as provided herein, and the approval of
both Member City Councils.
Section 6. Consultants. The LID may retain consultants to carry out its primary purpose and manage
its affairs and administrative duties.
Section 7. Designation of Official Office and Designated Agent. The Board shall at all times
maintain an Official Office of the LID and an appointed Designated Agent for receipt of Service of Legal
Process. In the Event the Board has failed to so act,the City Clerk of either Greenwood or Excelsior shall be
the LID Designated Agent.
Section 8. Other Actions. The LID may exercise any other power necessary and incidental to the
implementation of its powers and duties in implementation of the LID's primary purpose.
IX.
FINANCIAL MATTERS
Section 1. Annual Budget and Levy. The Board shall prepare and present a budget and proposed levy
for the following calendar year at its Annual Meeting. The proposed levy information shall include the
recommended method to assess properties in the LID. The proposed budget and levy must be approved, or
amended and approved,by a majority of the votes of(1)the Board including Ex-Officio Directors at the
Annual Meeting and(2)the Property Owners in attendance at the Annual Meeting. The Budget and Levy
approved at the Annual Meeting must in turn also be mutually approved by both Member City Councils by
September 30. The Member City Councils may not increase the proposed levy approved at the Annual
Meeting. Either or both City Councils may reduce the levy by up to 25% in which case the LID levy shall be
the lowest levy approved by a Member City Council.
Section 2. LID Funding. The LID shall be funded from approved property tax levies and other
available revenues from grants, gifts, or the like. The LID shall not be funded by dues, license or use fees, or
similar charges unless mutually approved by the Member Cities.
The public financing of projects and services of the LID may be made by the following methods:
a. Assessing the costs of projects upon bene Fitted properties within the District in the
manner provided under Minn. Stat. Chapter 429;
b. Levy of an ad valorem tax solely on property within the LID,to be appropriated and
expended solely on projects of special benefit to the LID.
In accordance with Minn. Stat. §10313.555, Subd. 4,the LID,with the approval of the City Councils
of the cities of Excelsior and Greenwood as expressed by resolution identifying each specific improvement
to which approval applies may exercise the powers of a city under Chapter 429 in Section 444.075, including
but not limited to:
a. The levy of special assessments; and
b. The imposition of rates and charges mutually approved by the Member Cities.
Section 3. Sample Annual Budget. Attached hereto as Exhibit C is a Statement of 2015 estimated
cost of AIS treatment and likely projected owner assessment.
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X.
WITHDRAWAL AND DISSOLUTION
Section 1. Notice of Withdrawal. A Member City may withdraw from the LID by filing a written
notice of withdrawal with the LID by October I of any year. Such withdrawal shall be effective as of
December 31 of that calendar year and membership shall continue until the effective date. A notice of
withdrawal may be rescinded by a Member City prior to the effective date. If one Member City elects to
withdraw,the LID will then dissolve on December 31 of that calendar year.
Section 2. Distribution of Assets. Upon dissolution,the remaining assets of the LID, after payment of
all obligations, shall be distributed among the Member Cities in proportion to the number of LID real estate
parcels identified by Hennepin County PID number located in each, or in such other way as those Member
Cities may agree.
XI.
MEDIATION OF DISPUTES
Section 1. Mediation. Any controversy arising out of or relation to this agreement including but not
limited to the withdrawal by a Member City and dissolution shall be mediated by a qualified mediator prior
to initiation of any litigation.
Section 2. Selection of Mediator. The mediator may be an individual mutually selected by the parties
to the issue in controversy. If the parties are unable to agree upon a mediator,the League of Minnesota Cities
shall make the selection.
XII.
LIABILITY
Section 1. Indemnification. The LID shall indemnify, defend and hold harmless the Member Cities
and their Officers, elected officials, Directors, employees, and volunteers, from and against all claims,
damages, losses, and expenses, arising out of the acts or omissions of the LID in carrying out this agreement.
To the fullest extent permitted by law, actions by the Member Cities under this agreement are intended to be
and shall be construed as a"cooperative activity" and the LID shall be deemed a"single governmental unit"
for the purposes of liability as set forth in Minnesota Statutes, Section 471.59, Subd. Ia(a). Each Member
City expressly declines responsibility for the acts or omissions of the other Member City. This agreement
does not constitute a waiver of the limitations of liability set forth in Minnesota Statutes, Section 466.04.
Section. 2. Insurance. The LID shall procure and maintain liability insurance coverage with
reasonable limits covering its Officers, Directors, Member Cities' elected officials, employees, and
volunteers. The LID may purchase additional insurance coverage in amounts and on such terms as it may
determine from time to time. The LID shall provide Member Cities with copies of its certificate(s) of
insurance upon request.
XIII.
MISCELANEOUS
Section 1. Execution of Agreement. Each Member City Council shall approve and execute a copy of
this agreement in accordance with applicable law.
Section 2. Effective Date. This agreement shall become effective upon adoption by both Member
City Councils and approval from the Minnesota Department of Natural Resources.
Section 3. Amendment. Any proposed amendment to this agreement must be approved by both
Member City Councils.
Section 4. Duration. This agreement shall continue in effect for an indefinite term,until dissolution in
accordance with the terms of this agreement.
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IN WITNESS WHEREOF, acting by authority of City Council approval the undersigned authorized
agents of Excelsior and Greenwood, hereby enter into this Joint Cooperation Agreement.
EXECUTED as of February 2015.
CITY OF GREENWOOD,MINNESOTA
By
Name Debra J. Kind, Mayor
Attest
Name Gus Karpas, City Clerk
EXECUTED as of February 2015.
CITY OF EXCELSIOR, MINNESOTA
By
Name Mark W. Gaylord, Mayor
Attest
Name Kristi Luger, City Manager
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