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080405 CC WS AgP ?"-,..it I I I I I ~. ~~rll ~ j~ ~.~ "!!i ~ ~, ~ d~ lB' CI) o ~ = f.J. ~. .: It I f;l8~ ~ = c "'" ... fIl fIJ IJ i Cfj c)' .~ ; - .. ~ c ~ ~, - Z l7J .Z . 0 C) - -'.~ 0 ~ ~ Ii l7J -~ Q. ~ 1 Cfj ~ e ~.=. ...... / {; of;; a ~ z ~~5 ~ ...... 'S: i '~ ...... =B~- ~ -~ ~- O'J I o . '" 8 iJ~> 0 ~oi 0 < ~ m -~' ou u 0 -ti~ ...4 " fIi ...; I ~ ,.t . .. '4a CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 · (952) 474-3236 FAX (952) 474-0128 . www.cLshorewood.mn.us . cityhall@cLshorewood.mn.us MEMORANDUM TO: FROM: DATE: SUBJECT: City Council Craig W. Dawson, City Administrator f\ ~ July 29,2005 Vy Proposal re: SLMPD Funding, Resolution ofIssues (Special Work Session Item) Coordinating Committee Approves Recommended Budget: The Coordinating Committee of the SLMPD met this morning to consider its proposed budget for 2006. Eventually, it approved the recommended budget for 2006, which would result in a 3.7% increase over the recommended city payments for 2005. It also reviewed the discussion by the Chief about what would result if there were no increase in the required payments from the cities in 2006, and concurred that it needed to be shared with the member city councils. The SLMPD proposed budget will be on the Council's agenda for August 8, and the budget (and extensive narrative) will be included in the agenda packet for that meeting at the end of next week. Related Proposal Arises: A proposal came up during the meeting that became a major focal point of the meeting. Though technically separate from the budget, it became intertwined with several Committee members' consideration of the budget. As Mayor Love and Councilmember Callies will not be present on August 8 and the Coordinating Committee promised that their city councils would vote on the proposal at their next regular J;l1eetings, a special work session has been called. The proposal proffered by Greenwood Mayor Bob Newman is attached. It is an attempt to fully fund the SLMPD for 2006 and to buy another year for the cities to work through SLMPD issues. It calls for the Excelsior payment to be reduced 3 percentage points and Shorewood's to be raised 3 percentage points, and for the "final agreement" to be reached by December 31, 2005. Failing that final agreement by that date, the process for dissolution would begin. Some confusion occurred whether the Coordinating Committee should recommend a budget based on Mr. Newman's proposed allocations, or whether the city councils make their funding decisions on the proposed allocations, or whether the Coordinating Committee might want to revise its proposed budget in mid-August after the city councils had acted upon the proposed allocations. Discussion: Other Coordinating Committee members and staff made several points about Mr. Newman's proposal. They follow in a hopefully logical order: n '-" PRINTED ON RECYCLED PAPER .. .. SLMPD Funding, Resolution ofIssues August 4,2005, Special City Council Work Session Page Two . The JP A requires the City Councils to set their funding levels for next year's operations by September 1. Lack of action by anyone city council results in the required funding level to remain the same for next year (i.e., a 0% increase). . The proposed funding allocation would require an amendment to the joint powers agreement; the Coordinating Committee can not make this change. The Coordinating Committee can be a forum for the cities to consider changes. . It is doubtful that a JP A amendment could be approved by all four city councils by September 1. It is possible that an amendment could be made after September 1 that would waive that date for the 2006 budget, but . It is not prudent to base budget decisions-either the Coordinating Committee in recommending its budget, or by the city councils in their funding authorizations-on speculation about what change might occur in the funding allocation among the cities. . The JP A remains in effect. Unless the SLMPD were to be dissolved prior to September 1, the organization is required to provide service for the following year. . Any changes to the organization would begin in 2007 at the earliest. There was a belief that as the June 30 deadline had passed regarding the Issues Group recommendation, Shorewood now has a formal proposal to dissolve the SLMPD. Mayor Love clarified that the action of the Shorewood City Council was to begin to explore alternatives regarding dissolution. Excelsior Mayor Ruehl mentioned that his city council was unclear whether the funding allocation in the Issues Group recommendation was still on the table. Mayor Love and the other mayors said that Excelsior would need to act on the recommendation first, and then the other city councils might respond. Consideration for Action: The Coordinating Committee will have a special meeting sometime during the week of August 15 to review the action taken by the city councils on Mr. Newman's proposal. The City Council should discuss whether it wants to take formal action on August 8. If it does not wish to do so, Council should decide whether there is a sense-of-the-Council that can be communicated to the Coordinating Committee. ... Temporary "Make-Whole" Proposal 1. That all cities make a one-year commitment to fully fund the proposed 2006 SLMPD Budget at the following Operating Budget percentage contribution levels: Excelsior Greenwood Shorewood Tonka Bay ~ Z{,.5 8.5 49.0 16.0 100.0 2. That JP A conflict resolution oriented communication continue in written form, but only with acceptance ofItem #1 above and with a deadline of December 31,2005 for final agreement. 3. That should the deadline pass with no agreement, dissolution procedures shall commence. Related Points: Item #1: Reestablishes full police protection for all cities. Gives F,Jtelsior an immediate 3% decrease in contribution percentage. Relieves stress of disharmony. Eliminates the 2~ Tiered system. The Police Dept. is reassured offull support. No city will have to pay more than their fair share. Item #2: All cities agree that a JP A, which is equally fair for all cities, is in all cities' best interest. Communication in written form is for clarity. A fully paid-up budget encourages Good Faith negotiation and aeftete8 denotes a serious attitude toward resolution. The deadline means this has gone on long enough and an end to dialog must be in sight with consequences for failure. " City of Shorewood Interim SLMPD Resolution Affecting 2006 Funding 1. All four cities conclude a binding written agreement to amend the JP A consistent with the following provisions to have effect for the 2006 budget year. 2. All four cities make the same one-year commitment provisionally to fund the 2006 SLMPD Operating Budget at the following percentages: Excelsior: Greenwood: Shorewood: Tonka Bay: 27.0% 8.5% 48.5% 16.0% 3. All four cities agree to continue with the work begun by the SLMPD Issues Group. 4. JP A discussions will continue and must be completed by December 31,2005, unless extended by all four cities. 5. If agreement cannot be reached by the December 31,2005, or subsequently agreed upon completion date, procedures to reorganize the membership or conditions of membership shall commence immediately thereafter. 6. Approval of the 2006 SLMPD Operating Budget, as proposed, will eliminate any tiering of services, and all members will receive full service during 2006. 7. All four cities must agree to this proposal no later than Monday, August 29, 2005. / Changes in Baseline Payments for SLMPD Based on Excelsior and Greenwood Funding Proposals for 2006 August 3, 2005 Excelsior proposal- Excelsior to pay 26.5% of Operations cost of$1,556,100 Excelsior payment for 2005 = Excelsior payment for 2006 = Increase from 2005 to 2006 = $400,000 $412,366 3.09% Greenwood proposal- Excelsior to pay 27.0% of Operations cost of $1,556,100 Excelsior payment for 2005 = $400,000 Excelsior payment for 2006 = $420,147 Increase from 2005 to 2006 = 5.04% 2005 City Baseline 3.09% 5.04% Excelsior $ 400,000 $ 412,366 $ 420,147 Greenwood $ 115,254 $ 118,815 $ 121,063 Shorewood $ 623,729 $ 643,002 $ 655,165 Tonka Bay $ 216.949 $ 223.653 $ 227.883 $1,355,932 $1,397,836 $1,424,258 2006 Recommended funding = $1,556,100 Difference = ($ 200,168) ($ 158,264) ($ 131,842) 2- It was moved by Caron, and seconded by Viesturs, that the City of Excelsior will agree to fund the proposed 2006 SLMPD Budget at the proposed amount, contingent on: 1. All four cities conclude a binding written agreement to amend the JP A consistent with this resolution for budget year 2006; 2. All other cities make the same one year commitment to provisionally fund the 2006 SLMPD Operating Budget, with the understanding that the budget baseline will not be affected by the one year amendment, at the following percentages: Excelsior - 26.5%; Shorewood - 49%; Tonka Bay - 16.0%; and Greenwood- 8.5%; 3. All four cities agree to continue with dispute resolution, to include: discussions in written and oral form, facilitated discussions, and mediation, as necessary; 4. JPA discussions will continue with a deadline of December 31, 2005, unless extended by all four cities; 5. If agreement on a revised lP A cannot be reached by the December 31, 2005 deadline, dissolution procedures shall commence on, or other specific consequences shall take place, and such consequences shall be determined prior to, December 31, 2005; 6. Approval of the 2006 SLMPD Operating Budget, as proposed, will eliminate any two-tier service, and all member cities will receive full service, during 2006; and 7. All four cities must agree to this proposal no later than Monday, August 15,2006. The vote on the motion was unanimous. 3 _~ 08/El31.2El05 El9:47 9524749575 KELLV LAW BUILDING PAGE El2 ~ SLMP-J).1I1t-elim-ResekHietI The city of Greenwood will agree to fund the proposed 2006 SLWD budget at the proposed amount ~ntinp npott: 1. All four cities conclude a binding written agreement to amend the lP A consistent with this fesohWon for the..bmlget Yea!" 2006. 2. All other cities make the same one year commitment to provisionally fund the 2006 SLMPD Opetating Budget, with the. undemanding that the budget baseline will not be affected by the one year amendment, at. the following percentages: Exc>>1slor 2?O.4; Shotewoea 43.9.4; Tonka. Bay 16%; aAd Greenwood &.5%. 3. All four cities agree to continue with dispute resolution, to include discussions in written and oral form, facilitated discussions and mediation, as necessary. 4. lPA discussions will continue with a deadline of December 31, 2005 unless ex.tended..by aU. four cities. 5. If agreement on a. revised JP A cannot be reached by the December 31, 2005 deadline, either dissolution procedures shall commence or other specific consequences shall take place, such consequences to be determined prior to the December 31 ~ 2005 deadline. 6. Approval of'the 2006 SLMPD Operating Budget. as proposed, will eliminate any two.-Uet $etVice, and aU ~ber citic$. will f~~i\le t4l1 servi,e c1utiDa 2006. 7. All four cities agree to this proposal no later than Monday, August 15, 2005. 4- Assume 2006 budget of $1,566,100 Excelsior 26.5% Shorewood 49% $412,366 $762,489 Assume Excelsior holds to the 2003 budget level and other 3 cities "make whole" Excelsior $400,000 Shorewood $754,239 ________ Assume 2006 budget of $1,566,100 ~ No financial impact to Shorewood Excelsior 27% Shorewood 48.5% $420,147 $754,708 . Restores Excelsior to full service . Excelsior has paid $400K per year for 2003, 2004 and 2005-no increase . Greenwood, Shorewood and Tonka Bay have contributed additional amounts over the 2003 level to keep the department budget whole-- $60K in 2004 and $144K in 2005 PROPOSAL FROM GREENWOOD WILL MATCH EXCELSIOR'S VERBATIM WITH THE EXCEPTION OF INCLUDING A DIFFERENT FUNDING FORMULA- EXCELSIOR SHOREWOOD GREENWOOD TONKABAY 27.0% 48.5% 8.5% 16.0% 5 Lakeshore Weekly News I Minnetonka, MN I 'Time to accept compromises' Page 1 of2 PIIlIJ a o ClOSE eshore _ _Weekly ews 'Time to accept compromises' By Woody Love I serve our city as mayor, and with the mayors of our cities as members of the South Lake Minnetonka Police Department (SLMPD) Coordinating Committee, its governing board. In both of these capacities, we mayors are committed to providing the most economical, responsible, and responsive police services to our cities and our community. As Coordinating Committee members, we have the responsibility to act in the best interests for the success of the police organization. The saga of disagreements over our collective police service began in 2002. It has gone on far too long and done great disservice to our four cities' residents and businesses, and to the staff of the SLMPD. Several attempts to engage in dialogue to resolve matters over two years proved futile. Last November, the Coordinating Committee offered a proposal that all of the city councils agreed to. Finally, there was promise of a breakthrough with the formation of the Issues Group and the process it would follow. As everyone wanted finality and to be ready for the 2006 budget process, all cities agreed that the work of the Issu Group had to be finished by May 31. When the Issues Group presented its recommendation, it was agreed the cit) councils would vote on the package by June 30. A number of items the Issues Group did not cover would be addressed soon after. As it turned out, Shorewood, Greenwood and Tonka Bay followed directions and acted on the recommendation by June 30 - and we all approved it. The Excelsior City Council discussed the recommendation during June, but did not fulfill its obligation to approve or reject it; rather, it asked for further discussion. What each city pays for services has been a perennial issue during the 32-year existence of the SLMPD. Recent discussion about what's appropriate for each city to pay has been buried in data, and beliefs that somehow the dal speak for themselves and show technically what's right. This battle of the numbers has mired any progress. The discussion should be about guiding principles and realities. One argument being made is that police services should be provided to the one single South Lake Minnetonka community in a way that results in one tax rate for all properties, regardless of which city they're in. This is sometimes referred to as the "tax capacity approach." Many have worked in many ways to interweave the cities into working as one. In reality, we are four partners in the business arrangement known as SLMPD to provide police services. One can look at the SLMPD as a kind of four-partner public safety insurance pool. In any insurance group, policyholders are treated differently based on the risk they present. Experience is mostly used to determine who he higher risk, and accordingly who pays more for coverage. Next-door neighbors may have the same insurance b http://www.weeklynews.com/print.asp? ArticleID= 1160&SectionID=27 &SubSectionID=3 8 8/2/2005 Lakeshore Weekly News I Minnetonka, MN I 'Time to accept compromises' Page 2 of2 company, but pay different rates based on how much of the resources of the insurance pool they use. Under a pure tax capacity approach, Excelsior would pay about 15 percent of the costs to operate SLMPD. Under the insurance analogy, Excelsior's cost of SLMPD's operational resources would be significantly more. Both perspectives can be argued. The formula included in the Issues Group recommendation was a compromise between these two approaches. It's often overlooked that the cities are paying for the new police station on a tax capacity basis, because facilities i not related to anyone city's use of services. Thus, Excelsior pays about 15 percent of that annual obligation. The cost for the former police station was included as rent in the operating budget, for which Excelsior paid 29.5 percer When the Issue Group's new formula of 25.5 percent of the operations cost is combined with payment for the new police station, Excelsior would pay just under 23 percent of the total costs for police. This compromise is closer to the tax capacity approach than it is to the insurance analogy. And it's the lowest shar of costs for Excelsior in the 32-year history of the SLMPD. Excelsior's own analyses and consultant studies have demonstrated that it would receive its best police service at lower costs with SLMPD - even without changes in the funding formula. No one wants to follow altematives that will result in more costs and reduced services to all of our cities. We also, however, need to look at what's best for SLMPD in light of the commitment of the cities to the partnership. The Issues Group recommendation recognizes changes that are appropriate to strengthen our commitment and 01 public safety. Any changes require the agreement of all four city councils. We can continue to provide a broad ran~ of high-value police services at a very reasonable cost for all of the cities and all of their residents and businesses. It is time to accept the compromises that have already been made. We owe it to those we serve in our community begin moving forward for their safety and security. The writer is mayor of Shorewood. Related Links Content @ 2005 Lakeshore Weekly News Software@ 1998.2005 1upl Software. All Rights Reserved 7 http://www.weeklynews.com/print.asp? Artic1eID= 1160&SectionID=27 &SubSectionID=38 81212005 Lakeshore Weekly News I Minnetonka, MN Page 1 of3 July 19, 2005 rs~ar~h......l Advanced Search Search Sponsored .AI~,".~ EVERGREENE J i ,. I: i,. .: .lil !I~IljeWeIi!it&.cGm News City Hall Happenings Police Reports Sports Community Events Arts & Leisure Senior Calendar New In Business Opinion Guest Column Letters Legals Construction Corner Classifieds Real Estate Form Contact Us Archives Advertising With Us Job Opportunities at Lakeshore Weekly News eshore _ _Weekly.. 1;~~g~'~~~~'~t:'y~~i..~gklJA~.. .. ews Mi ~ 6 http://www.weeklynews.com/main.asp?SectionID=27 &SubSectionID=3 8&Artic1eID= 1119 7/19/2005 GUEST COLUMN I Print this Article I=: = "I Email this Article Monday. July 18,2005 'Excelsior's proposals are preferable' By Nick Ruehl At its meeting on July 14, the South Lake Minnetonka Police Department (SLMPD) Coordinating Committee faced the consequences of failing to come to agreement on a mutually-acceptable formula for sharing the costs of operating the department. In the absence of a mutually-acceptable formula, our partners in the joint powers agreement (JPA) have proposed to proceed by: dissolving the JPA and re- forming as a three-city department; providing Excelsior law enforcement services on a contract basis; or reducing the size of the department by two officers. We believe that these options will reduce the quality and cost effectiveness of law enforcement for all four cities in our community. We also believe that this reduction in quality and cost effectiveness is unnecessary. Excelsior has proposed a unified approach to funding the operation of the SLMPD based on fair treatment of all neighbors within the police district - "same street, same service, same rate of cost." Under this proposal, each of the four cities contributes its police-related revenues (such as liquor license fees, fines and forfeitures, and police-related Local Government Aid) to the funding of the department. The costs not covered by those revenues would then be shared among the four Lakeshore Weekly News I Minnetonka, MN Page 2 of3 Guest Book lake 'm innetQpka ':::',,,!"',_'("'.l. cities based on each city's share of the four-city community's tax capacity. Feedback Home Page Under this plan, residents throughout the four-city community pay the same rates for the same police service. This proposal would reduce the large subsidy that three of the cities have been providing to Shorewood. Recognizing the dramatic impact on Shorewood that would come along with this proposal, Excelsior offered to compromise by adjusting the Excelsior, Tonka Bay and Greenwood contribution levels upward from the unified proposal. This compromise proposal results in a minimal additional cost - the median household in Shorewood would only pay one additional dollar per month beyond what has been offered by the three other cities. We have also offered to phase the changes in over several years, reducing the additional impact on the median Shorewood household to mere pennies per month, Excelsior calls on Greenwood, Tonka Bay and Shorewood to reconsider our proposals. The alternatives being proposed by our JPA partners will increase the costs and reduce the quality of police services for each of the four cities in our community. Excelsior's proposals are preferable to laying off dedicated officers from our police department. Adopting one of Excelsior's proposals will unite our cities, strengthen and support our excellent police force, and provide for a long-term solution that will end future discord, The writer is mayor of Excelsior. Article Comment Form Please feel free to add your comments, Article comments are not posted immediately to the Web site. Each submission must be approved by the Web site editor, who may edit content for appropriateness, There may be a delay of 24-48 hours for any submission while the web site editor reviews and approves it. Note: All information on this form is required. Your telephone number is for our use only, and will not be attached to your comment. Name: Message: Telephone: E-mail: !J http://www.weeklynews.com/main.asp?SectionID=27 &SubSectionID=38&ArticleID=1119 7/19/2005