031483 CC Reg AgP
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CITY OF SHOREWOOD
REGULAR CpUNCIL MEETING
MONDAY, MARCH 14, 1983
CITY COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
7:30 P.M.
AGE N D A
CALL TO ORDER:
A. Pledge of Allegiance and Prayer
B. Roll Call
Stover
Mayor Rascop
Haugen
Shaw
Leonardo
1. APPROVAL OF MINUTES:
A. Regular Meeting - February 28, 1983
[Attachment #1a]
2. MATTERS FROM FLOOR:
A.
B.
3. REVIEW OF PROPOSED ORDINANCE:
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[Attachment #3a]
An Ordinance Regulating the Moving of Buildings within the City of
Shorewood - First Reading
4. PLANNING COMMISSION REPORT:
A.
B.
5. PARK COMMISSION REPORT:
A.
B.
6. ATTORNEY'S REPORT:
A. Report on Cross Marina's Lease Agreement.
B. Legal opinion on Ordinance#11~ and attached policies.
C. Councils' comments on Hunner's "Statement of the Record".
7. ADMINISTRATIVE REPORT:
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B. Proposed salary adjustment for certain office personnel
[Attachment #7a & #7b]
A. 1983 Union Negotiation - last offer
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REGULAR COUNCIL AGENDA
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MARCH 14, 1983
8. MAYOR'S REPORT:
A. Council vote on Naegele Sign on Highway #7 and Christmas Lake Road
B.
9. COUNCIL'S REPORT:
A.
B.
10. MATTERS FROM FLOOR:
11. APPROVAL OF CLAIMS AND ADJOURNMENT:
CITY OF
REGULAR
MONDAY,
SHOREWOOD .
COUNCIL MEETING
FEBRUARY 28, 1983
COUNCI~HAMBERS
5755 COUNTRY CLUB ROAD
SHOREWOOD, MN. 7:30 P.M.
M I NUT E S
CALL TO ORDER
The regular meeting of the Shorewood City Council was called to order
by Mayor Rascop at 7:30 P.M., Monday, February 28, 1983, in the Council
Chambers.
PLEDGE OF ALLEGIANCE AND PRAYER
The meeting opened with the Pledge of Allegiance and a prayer.
ROLL CALL:
Present: Mayor Rascop, Councilmembers Leonardo, Stover, Haugen, and
Shaw.
Staff: Attorney Larson, Engineer Norton, Administrator Uhrhammer,
and Clerk Kennelly.
APPROVAL OF MINUTES
Shaw moved, seconded by Haugen, to approve the minutes of the Council
meeting of February 14, 1983 as written. Motion carried - 4 ayes -
1 abstain (Stover because of absence).
MATTERS FROM THE FLOOR
Ron Kokesh of 26260 Birch Bluff Road was present to clarify the discus-
sion of February 14th in reference to the "fire lane" or platted road
that accesses next to his house at the end of Grant Lorenz Road and
Birch Bluff Road. He felt a letter dated 7/20/82 regarding boat mooring
and Ordinance 59 were contradictory with the council's statements of the
previous meeting. Council clarified their position.
PUBLIC HEARING 8:00 P.M.
CDBG FUNDS-- REALLOCATION
A Public Hearing for the purpose of reallocation of $6,000.00 of Year VI
funds and $29,676.00 of Year IX funds.
Administrator Uhrhammer suggested reallocation of Year VI funds from
diseased trees to the Housing Rehabilitiation Program and the Year IX
fund s .
Public Hearing was closed to the public at 8:12 P.M. with no comments
received.
YEAR VI FUNDING
RESOLUTION #23-83
Moved by Leonardo, seconded by Shaw, to reallocate Year VI funds from
Disease Tree program to Housing Rehabilitation Program. Motion carried
unanimously.
Regular Council Minut~
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_February 28, 1983
YEAR IX FUNDING RESOLUTION #24-83
Shaw moved, seconded by Leonardo, to allocate Year IX Funds of $29,676.00
to Housing Rehabilitation. Motion carried unanimously.
1982 POLICE ACTIVITY REPORT
Chief Earl Johnson was present to review for the Council last years goals
and objectives achieved and the proposed goals and objectives for 1983.
He reviewed the Crime Prevention PEogram, the necessity of reserves, poss-
ible user fees and the need tl_. ~ a new officer in the future.
PLANNING COMMISSION REPORT ~'~~
Shaw reported on the completion 0 the Planning Commission review of the
Zoning Ordinance.
ATTORNEY REPORT
Attorney Larson informed the Council that he has obtained enough informa-
tion to allow the issuance of the balance of the building permita. 5~~
!~~.
Administrator Uhrhammer presented a request from Ted Noble and Joe Gorecki
in reference to the division of Oakridge Estates. They would like to
final plat the east portion and outlot the west portion of the project.
The Council had previously stated at the time of the last division, that
no more divisions would be allowed until the entire project was platted
at one time. The planner and administrator have reviewed this current
proposal and do feel it is in good planning.
Council members Haugen, Rascop, and Stover are in favor of reviewing this
proposal.
ADMINISTRATOR'S REPORT - OAKRIDGE ESTATES - 3rdADDITION
TEMPORARY STRUCTURES
A question regarding regulations of temporary structures was presented.
The city has no Ordinance governing these structures at the present time.
Administrator Uhrhammer would like to present proposed regulations to the
Council.
Haugen moved, seconded by Shaw, to instruct the staff to submit suggested
regulations to the Council for review. Motion carried - 3 ayes, 2 nayes -
(Rascop.& Leonardo.)
LIQUOR STORE FINANCIAL STATEMENT
Liquor Store Financial Statements were submitted to the Council for review.
MAYOR'S REPORT
GOVERNOR TASK FORCE
Mayor Rascop submitted a letter received from the Governor Task Force
on lake access in our area. He would like this letter sent to the
residents in the Timber Lane Area, where the Task Force is interested
in establishing a lake access.
Regular Council Meeting
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February 28, 1983
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DRUG REHABILITATION PROGRAM
Mayor Rascop questioned Leonardo on the progress of establishing a
committee on Drug Rehabilitation. Leonardo did not feel that the
financial timing was good now. He felt that the money could be used
better elsewhere at the present time.
HUNNER VARIANCE LETTER
A letter was submitted to the Council from Hunner's Attorney.
Larson requested the Council to review and submit response to him.
COUNCIL REPORT
Haugen, informed the Council of a bill in the legislature requiring cities
to bid out everything costing excess of $50,000.00,inc1wH!lg cQut1.~l ~
~er'Y~ .
APPROVAL OF CLAIMS AND ADJOURNMENT
Moved by Haugen, seconded by Leonardo, to approve the claims for payment
followed by adjournment at 10:40 P.M. Motion carried unanimously.
General Fund - [Account #00166] Checks 26812 - 26857 =
Liquor Fund - [Account #00174] " 9814 9855 =
$41,948.82
23,137.63
Respectfully submitted,
Sandra L. Kennelly, Clerk
SLK:rd
Mayor
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ORDINANCE NO.
AN ORDINANCE REGULATING THE MOVING OF BUILDINGS
AND PROVIDING FOR LICENSES, PERMITS AND FEES THEREFOR
AND PROVIDING A PENALTY FOR VIOLATION THEREOF
IN THE CITY OF SHOREWOOD, COUNTY OF HENNEPIN, STATE OF MINNESOTA
The City Council of the City of Shorewood ordains as follows:
Section 1. DEFINITIONS For the purpose of this Ordinance the
following terms, phrases, words and their derivations shall have the
meaning given herein. When not inconsistent with the context, words
used in the present tense include the present number, the words in
the singular number include the future, words in the plural number
include the present number, and words in the singular number include
the plural number. The word "shall" is always mandatory and not
merely directory.
(1) "Building" is a structure designed, built or occupied
as a shelter or roofed enclosure for persons, animals or property and
used for residential, business, mercantile, storage, commercial,
industrial, institutional assembly, educational or recreational
purposes.
(2) "Building Inspector" is the Building Inspector for the
City of Shorewood.
(3) "City" is the City of Shorewood.
(4) "Person" is any person, firm, partnership,
association, co-operation, company or organization of any kind.
(5) "Removal location" is any location in the City of
Shorewood to which a building may properly be moved and on which such
building may properly be located after such moving under the
provision of this ordinance.
(6) "Planning Commission" is the Planning Commission of
the City of Shorewood.
Section 2. HOUSE MOVERS TO BE LICENSED. No person shall move,
remove, raise, or hold up any building within the limits of the City
of Shorewood unless such person shall be licensed by the City of
Shorewood to engage in such occupation.,
Upon the filing of an application for a license, the same
shall be referred to the Building Inspector and the Planning
Commission of said City and they shall make full investigation of the
qualifications of the applicant to carryon the work of moving,
raising and holding up buildings and report their findings thereon to
the City Council. Upon such report filed with the City Council, and
the execution of the bond as required herein and its acceptance by
the City Council, such license may be granted or refused at the
discretion of the City Council. No such license shall be granted to
any person less than twenty-one (21) years of age.
The fee for each license is one hundred fifty dollars
($150.00) per annum, which fee shall be paid into the City Treasury
at the time of the filing of the application for such license.
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Section 3. INSURANCE AND BOND REQUIRED. No license shall be issued
unless and until the applicant shall first file with the City Clerk a
policy or policies of insurance insuring such applicant against
liability imposed by law in the limits of $25,000.00 because of
bodily injury or death of one person per accident, $50,000.00 because
of bodily injury to or death of two or more persons per accident, and
$25,000.00 property damage liability per accident. Such policy shall
provide that it may not be cancelled by the insurer except upon.
notice to the City. In case of cancellation of such insurance such
license shall be suspended automatically until such insurance has
been replaced. No license shall be granted until the party applying
therefor shall also have given a bond in the sum of three thousand
dollars ($3,000.00) with good and sufficient sureties to be approved
by the City Council; and conditioned that said party will save and
indemnify, and keep harmless, the City against all liabilities,
judgments, costs and expenses, which in any wise accrues against said
City in consequence of the granting of such license, including the
cost of the City for the services of public utility maintenance men
necessitated by the moving of any building, and will in all things
strictly comply with the provisions of this ordinance and with the
conditions of any and all permits which may be issued to them
thereunder.
Sectioin 4. EXPIRATION OF LICENSE. Each such license shall
terminate the 31st day of December next succeeding the issuance of
the same, unless sooner revoked or forfeited, and shall not be
transferable of assignable.
Section 5. REVOCATION OF LICENSE. Upon presentation to the City
Council of satisfactory proof that any such licensee has proven
incompetent to properly carryon such work on moving, raising, or
holding up building or has proceeded with any such work in such a
manner as to endanger people or property or upon convictions for
failure to comply with this or related ordinances or for other good
cause, the City Council may revoke such license.
Section 6. PERMITS REQUIRED. No licensed person shall move any
building over, along or across any highway, street or alley in the
City without first obtaining a permit from the Building Inspector.
Section 7. APPLICATION. A person seeking issuance of a permit here
under shall file an application for such permit with the Building
Inspector.
(1) Form. The Application shall be made in writing upon
forms provided by the Building Inspector, and shall be filed in the
office of the Building Inspector.
(2) Contents. The application shall set forth:
(a) A description of the building, proposed to be
moved, giving street number, construction materials, dimensions,
number of rooms and condition of exterior and interior and four (4)
photographs, showing ground and street elevations for all sides of
the building.
(b) A legal description of the premises from which
the building is to be moved1
(c) A legal description of the premises to which it
is proposed such building be removed (relocate), if located in the
City;
(d) The portion of the premises to be occupied by the
building when moved if located in the City;
(e) The highways, streets and alleys over, along or
across which the building is proposed to be moved;
(f) Proposed moving date and hours;
(g) Any additional information which the Building
Inspector shall find necessary to make a fair determination of
whether a permit should be issued.
(h) Such application for a permit shall be made
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at least thirty (30) days prior to the proposed moving date in order
to allow the Building Inspector to make the Inspection required.
(3) Accompanying Papers
(a) Tax Certificate. The owner of the building to be
moved shall file with the application sufficient evidence that the
building and lot from which it is to be removed are free of any
entaglements and that all taxes and any other charges against the
same are paid in full.
(b) Certificate of Ownership or Entitlement. The
applicant shall file with the application a written statement or bill
of sale or other sufficient evidence that he is entitled to move the
building.
(4) Fee. The application shall be accompanied by a permit
fee in the amount of $250.00 plus a sufficient sum, as estimated by
the Building Inspector, to cover all other charges required under the
terms of this or any other ordinance of the City.
Section 8. DEPOSIT FOR EXPENSE TO CITY. Upon receipt of an
application it shall be the duty of the Building Inspector to procure
an estimate of the expense that will be incurred in removing and
replacing any electric wires, street lamps, pole lines belonging to
the City or any other property of the City, the removal and
replacement of which will be required by reason of the moving of the
building through the City, together with the cost of materials to be
used in making such removals or replacements. Prior to issuance of
the permit the Building Inspector shall require of the applicant a
deposit of a sum of money equal to twice the amount of the estimated
expense.
Section 9. LETTER OF CREDIT. In order to provide the City with the
necessary security to insure that the owner corrects the deficiencies
noted by the Building Inspector and meets all requirements relating
to the moving permit within the 90 day period the owner requesting
the permit shall obtain and file with the City a letter of credit in
the amount of $3,000.00; $1,500.00 of which will be released when, in
the judgment of the Building Inspector, 50% of the deficiencies have
been corrected and the requirements relating to the issuance of the
permit have been substantially met. The remaining $1,500.00 will be
held until all deficiencies have been corrected and requirements
relating to the permit have been met.
Section 10. DUTIES OF BUILDING INSPECTOR
(1) Inspection: Upon receipt of a completed application
to move a building to a removal location in the City of Shorewood the
Building Inspector shall inspect the building wherever located and
the equipment to be used to move the building to determine whether
the building and equipment meet the standards for removal to the City
of Shorewood or whether mny of the reasons for denial listed under
Section 11-(2) are present.
(2) Report to the Planning Commission. Following the
inspection the Building Inspector shall report his findings to the
Shorewood Planning Commission.
Section 11. DUTIES OF THE PLANNING COMMISSION
(1) Recolomendation to City Council. The Planning
Commission shall receive the report of the Building Inspector and
shall make their recommendation to the City Council to either
approve, deny, or conditionally approve said application.
(2) Reasons for Denial. Based upon the findings of the
Building Inspector, the Planning Commission shall recommend denial of
the permit application for any of the following reasons:
(a) That any application requirement or any fee or
deposit requirement has not been complied with;
(b) That the building is too large to move without
endangering persons or property in the City;
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(c) That the building is in such a state of
deterioration or disrepair or is otherwise so structurally unsafe
that it could not be moved without endangering persons and property
in the City;
(d) That the building is structurally unsafe or unfit
for the purpose for which moved, if the removal location is in the
City;
(e) That the applicant's equipment is unsafe and that
persons and property would be endangered by its use;
(f) That zoning or other ordinances of the City would
be violated by the Building in its removal location.
(g) That for any reason persons or property in the
City would be endangered by the moving of the building.
(~ (h) That the building to be moved is not worth at
1 least seventy-five (75%) per cent of the cost of a similar new.
\.l--fo building as determined by the Building Inspector;
~ (i) That the Building in its removal location would
fail to comply in any respect with any provision of any ordinance of
the City or, in the alternative, that proper assurance of such
compliance have, or have not been given.
~ (j) That the Building is in variance with either the
1/ established or the expected pattern of building development with the
~; neighborhood to which the building is to be moved. The findings of a
O/~ comparative study of age, bulk, architectural style and quality of
y construction of both the building to be moved and the buildings
\V either existing or expected in the neighborhood shall be the criteria
~ (by which the Planning Commission shall determine the degree of
\ variance. Commission shall determine the degree of variance.
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Section 12. DECISION OF CITY COUNCIL. Based upon the recommendation
of the Planning Commission, the City Council shall approve, deny, or
conditionally approve the permit application.
Section 13. FEES AND DEPOSITS.
(1) Deposit. The Building Inspector shall deposit all
fees and deposits, with the City in the same manner as all other
receipts to the City of deposited.
(2) Return Upon Non-issuance. Upon Council decision to
deny refusal to issue a permit application; the Building Inspector
shall return to the applicant all deposits, bonds, insurance policies
and letter of credit. Permit fees filed with the application shall
not be returned.
(3) Return Upon Allowance For Expense. After the building
has been removed, the Building Inspector shall furnish the City Clerk
with a written statement of all expenses incurred in removing and
replacing all property belonging to the City and of all material used
in he making of the removal and replacement together with a statement
of the damages caused to or inflicted upon property belonging to the
City. Provided, however, that if any wires, poles, lamps or other
property are not located in conformity with governing ordinances, the
permittee shall not be liable for the cost of removing the same. The
City Clerk, or his deputy, sha~l authorize the Building Inspector to
return to the applicant all deposits after the deduction of a sum
sufficient to pay for all of the costs and expenses and for all
damage done to property of the City by reason of the removal of the
building. Permit fees deposited with the application shall not be
returned.
Section 14. DESIGNATION OF STREETS FOR REMOVAL. The Building
Inspector shall procure from the City Engineer, a list of designated
street, railroad crossings and bridges over which the building may be
moved. The Building Inspector shall have the list approved by the
Chief of poice and shall reproduce the list upon the permit in
writing. In making their determinations, the City Engineer and the
Chief of Police shall act to assure maximum safety to persons and
property in the City and to minimize congestion and traffic hazards
on public streets.
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Section 15. DUTIES OF PERMITTEE. Every permittee under this
Ordinance shall:
(1) Use Designated Streets. Move a building only over
streets designated for such used in the written permit.
(2) Notify of Revised Moving Time. Notify the Building
Inspector in writing of a desired change in moving date and hours as
proposed in the application.
(3) Notify of Damage, Notify the Building Inspector in
writing of any and all damage done to property b@'ie.....'J-iR9"~
-Vi 14ag..ef\ wi th in ~24 ~rs after the damage or inj ury has occurred.
~~ (4) ~sPla~LightS. Cause red lights to be displayed on
every side of the building during the night time and red flags during
the day time while building is being moved or standing on the street,
in such manner as to warn the public of the obstruction and shall
where necessary erect and maintain barricades across the streets in
such matter as to protect the public from damage or injury by reason
of the removal of the building.
(5) Street Occupancy Period. Remove the building from the
City streets after four days of such occupancy, unless an extension
is granted by the Building Inspector.
(6) Comply with Governing Law, Comply with the Building
Code, the Zoning Code and all other applicable ordinances and laws
upon relocating the building in the City.
(7) Pay Expense of Officer. Pay the expense of a traffic
officer, ordered by the Chief of Police, to accompany the movement of
the building to protect the public from injury at the rate of $50.00
per day or part of a day for the estimated period required for the
moving.
(8) Clear Old Premises. Remove all rubbish and materials
and fill all excavations to existing grade at the original building
site, when located in the City, so that the premises are left in a
safe and a sanitary condition.
Section 16. MISCELLANEIOUS CONDITIONS.
(1) Where the removal location of any building is known by
the Building Inspector to be subject to any restrictive convenants of
record, he shall not issue a permit under the provisions of this
Ordinance unless and until he is satisfied that all of the terms and
conditions of said covenants have been complied with.
(2) No permit shall be issued under the provisions hereof
unless and until the City Council shall be satisfied that the
building proposed to b.e removed will in its removal location conform
to the general character and to the type of architecture of the
neighborhood.
(3) It is not intended by this Ordinance to interfere with
or abrogate or annul any easement, convenant or other agreement
between parties provided, however, that when this ordinance imposes a
greater or heavier restriction than is imposed or required by any
other ordinance, rule, regulation or by easement, covenants, or
agreement, the provisions of this ordinance shall control.
(4) Every applicant or permittee shall pay, in addition to
all other required fees, an additional fee of 20~ per mile to be
traveled by the Building Inspector in making any inspection under the
provisions of this or any other ordinance of this City computed from
the City Hall to the site, location of premises where an inspection
is to be made, together with a fee of $12.00. per hour for the
Building Inspector for the time spent in connection with such
inspection.
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(5) The building to be placed upon the removal location
shall be completed for occupancy within 90 days after the date of the
permit.
Section 17. ENFORCEMENT.
(1) Enforcing Officers. The Building Inspector, the
Police Department and the City Engineer shall enforce and carry out
the requirements of this ordinance.
(2) Permittee Liable for Expense above Deposit. The
permittee shall be liable for any expense, damage or costs in excess
of deposited amounts of securities, and the City Attorney shall
prosecute an action against the permittee in a court of competent
jurisdiction for the recovery of such damages, costs or expenses.
(3) Original Premises Left Unsafe. The City shall proceed
to do the work necessary to leaving the original premises in a safe
and sanitary condition, where permittee does not comply with the
requirements of this ordinance and the cost thereof shall be charged
against the General Deposit.
Section 18. PENALTIES. Any person, firm or corporation violating
any of the provisions of this ordinance shall be deemed guilty of a
misdeameanor and upon conviction thereof shall be fined an amount not
to exceed $500.00 or imprisonment for a period of not exceeding
ninety days. Each day such violation is committed or permitted to
continue shall constitute a separate offense and shall be punishable
as such hereunder.
Section 19. This ordinance shall take effect and be in force from
and after its passage and publication.
Adopted by the City Council of the City of Shorewood this ______ day
of ____, 198
Mayor
ATTEST:
Clerk
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MINNESOTA AFSCME COUNCIL NO. 14
TWIN CITIES
METROPOLITAN AREA
770 TRANSFER ROAD
S1. PAUL, MN 55114
TELEPHONE: 645-7645
March 3, 1983
Mr. Doug Uhrhammer
City Administrator
City of Shorewood
5755 Country Club Road
Shorewood, Minnesota 55331
Dear Mr. Uhrhammer:
This is to inform you and the members of the City Council that the offer
presented to Local 224 members, March 1, 1983 has been ratified.
The offer which was approved is a 4% increase in salaries with the City
paying the full cost of health insurance premiums, plus the contract lan-
guage changes which were previously agreed upon.
It is our understanding that the Agreement is retroactive to January 1 and
the employees will receive checks for the difference between their old wage
rate and the new wage rate. Such checks will cover all hours worked by
said employees.
If you have any questions regarding this matter, please get in touch with
me.
Si ncere1y,
~Q4- rn ~.rX
Roger M. Siegal
Assistant Director
AFSCME Council No. 14
AFL-CIO
RMS 1 h
cc: Dan Randall
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CITY OF
SHOREWOOD
MAYOR
Robert Ratcop
COUNCIL
Jan Haugen
Tad ShlW
Alexander Leonardo
Robert Gagne
ADMINISTRATOR
Doug Uhrhammer
5755 COUNTRY CLUB ROAD . SHOREWOOD. MINNESOTA 55331 . (612) 474-3236
TO: CITY COUNCIL
FROM: DOUG UHRHAMMER
DATE: MARCH 8, 1983
RE: UNION NEGOTIATIONS
I budgeted a 5% increase in maintenance salaries for Union employees in
Fiscal Year 1983. As a result of the Union accepting a 4% salary increase,
the total salary and associated PERA and FICA savings equals $865.02.
Employee insurance cost increases exceeded the amount budgeted in Fiscal
Year 1983 by a total amount of $604.92.
If the Council ratifies the compensation offer outlined in the AFSCME letter
dated March 3, 1983, the total savings to the City is as follows:
total salary, FICA, PERA savings
$865.02
total insurance cost
($604.92)
TOTAL BUDGETED SAVINGS
$260.10
A Residential Community on Lake Minnetonka's South Shore
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