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EXECUTIVE SUMMARY - COUNCIL MEETING MARCH 14, 1994 PAGE 3 OF 3 AGENDA ITEM #13B: Representatives from the LMCD have been requested to attend the meeting to discuss the future of the LMCD. AGENDA ITEM #13C: The policy question here is whether or not the City Council is willing to utilize a portion of the City Hall parking lot as a "Park & Ride" for the Regional Transit Board. If so, the RTB would contribute some toward the reconstruction of the lot. See the enclosed memorandum. . . . . CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY, FEBRUARY 28, 1994 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. MINUTES 1. CONVENE CITY COUNCIL MEETING The meeting was called to order by Mayor Brancel at 7:48 p.m. A. Pledge of Allegiance B. Roll Call Present: Mayor Brancel; Councilmembers Benson, Daugherty, and Lewis; Administrator Hurm, Engineer Dresel, Attorney Keane, Planning Director Nielsen, and Financial Director Rolek. Absent: Councilmember Stover. c. Review Agenda The Council accepted the Agenda as circulated for February 28, 1994. 2. APPROVAL OF MINUTES City Council Regular Meeting, Executive Session & Work Session Minutes - February 14, 1994 Daugherty moved, Lewis seconded to approve the Regular Council Meeting, Executive Session, and Work Session minutes of February 14, 1994. Motion passed 4/0. 3. CONSENT AGENDA Mayor Brancel read the Consent Agenda for February 28, 1994. Benson requested that Agenda Item 3.F. be removed from the Consent Agenda and placed on the Regular Agenda. Lewis moved, Benson seconded to approve the Consent Agenda, with the removal of Item 3.F, and to adopt the Resolutions and Motions therein: , r--J a-~ REGULAR CITY COUNCIL MINUTES FEBRUARY 28, 1994 - PAGE 2 A. RESOLUTION NO. 94-20 "A Resolution Granting a Setback Variance to John Einhorn." (5580 Howard's Point Road) B. Motion to Approve an Extension to May 1, 1994 of Deadline to Comply with a Notice to Remove. Ed Cameron, 26580 West 62nd Street. C. Motion to Approve an Extension to March 28, 1994 of Deadline to Comply with a Notice to Remove. Delores Tessier, 25725 Eureka Way. D. RESOLUTION NO. 94-21 "A Resolution Proclaiming Volunteers of America Week March 6-13, 1994." E. Motion Setting a Public Hearing Regarding 1994 (Year XX) Urban Hennepin County CDBG Program for March 14, 1994 at 7:15 p.m. F. Motion to Authorize Placement of Street Lights-Lawtonka Drive. REMOVED AND PLACED ON REGULAR AGENDA. . G. RESOLUTION NO. 94-22 "A Resolution Granting a Lot Area Variance and Subdivision of Real Property for Gregory Erickson." 5290 Howard's Point Road Motion passed 4/0. 3. F. Motion to Authorize Placement of Street Lights - Lawtonka Drive Benson referred to letters received from affected residents objecting to the possible installation of two street lights on Lawtonka Drive. Residents stated the light proposed for the middle of the block would be intrusive to their neighborhood, is unnecessary and undesirable. Nielsen explained that the residents objected to the second light in the middle . of the block, but did not state opposition to the installation of one light at the west end of the cul-de-sac street recommended by the staff. Linda Anderson, 23750 Lawtonka Drive, inquired about the City's criteria for installation of more than one street light. Nielsen explained the City's policy which allows a light at the end of cul-de-sacs, intersections, steep hills or curves, or traffic hazard locations, i.e., concerns related to traffic safety rather than to security. Benson moved, Daugherty seconded to authorize the placement of one street light at the west end of the Lawtonka Drive cul-de-sac. Motion passed 4/0. REGULAR CITY COUNCIL MINUTES FEBRUARY 28, 1994 - PAGE 3 4. PUBLIC HEARING 7:30 P.M. - CONSIDERATION OF ADOPTION OF A WATER UTILITY ORDINANCE AND STANDBY CHARGES TO PROPERTIES BENEFITTED BY A DRY HYDRANT FIRE PROTECTION SYSTEM Mayor Brancel began the Council meeting at this point in the Agenda, following an Executive Session which ran from 7 p.m. to 7:45 p.m. Dresel identified the three dry hydrant fire protection locations on the Islands. He explained that the system consists of a pipe placed into the lake connected to a regular hydrant on land for fire department use. According to the Mound Fire Chief, hydrant placement will provide adequate protection for the properties. Residents petitioned for installation of the dry hydrants approximately 2 years ago based on problematic coverage of fires which have occurred on the Islands. . Hurm stated the cost of the project is estimated at $50,000 but the final cost to each property owner will be determined upon completion. Payment options to the 93 owners would be to pay the total amount (approximately $550) up front or spread it out on the quarterly utility bill over a 15 year period (approximately $13.67/quarter, 6% interest). Hurm clarified that this is not a special assessment, but is a utility charge allowed under the ordinance established. Brancel opened the public hearing at 7:48 p.m. . Jeff Foust, 4960 Shady Island Circle, president of the Shady Island Homeowners Association, presented a tabulation of the opinions of 29 residents (8 of which are part-time): 15 indicated approval, 1 expressed opposition-too expensive, 2 were neutral, the remainder did not respond for various reasons. Foust expressed support for installation of the system because it will add security for residents and reduce adjacent property damage in the event of a fire. Steve Erickson, Mound Fire Department Chief, reiterated that the system will strengthen protection and safety for the Island residents. He explained the technical aspects of the system and responded to questions. Gerald Grewe, 4550 Enchanted Point, explained Code and insurance requirements related to fire protection and stated that many other localities have installed and successfully operate similar systems as part of their fire protection services. Brancel closed the public hearing at 8:02 p.m. Council accepted the Homeowners Association opinion tabulation for the record. The Council noted its previous review of the proposal and agreed the system will provide valid essential service for the affected homeowners. Hurm stated installation is scheduled for the Spring. The Council will establish the exact cost per property owner upon completion of installation. REGULAR CITY COUNCIL MINUTES FEBRUARY 28, 1994 - PAGE 4 A. Motion to Adopt a Resolution Approving an Amendment to the CIP Budget Authorizing the Dry Hydrant Project Daugherty moved, Lewis seconded to adopt RESOLUTION NO. 94-23, "A Resolution Making a Capital Budget and Capital Improvement Program Amendment-Dry Hydrants for the Islands." Motion passed 4/0. B. Motion Accepting Quotes and Authorizing to Proceed on the Dry Hydrant Project Daugherty moved, Lewis seconded to adopt RESOLUTION NO. 94-24, "A Resolution Relating to the Awarding of Construction Contracts for Multiple Dry Hydrant Fire Protection Systems." Motion passed 4/0. . C. Motion Adopting a Water Utility Ordinance Daugherty moved, Lewis seconded to adopt ORDINANCE NO. 286, "An Ordinance Establishing a Dry Hydrant Fire Protection Utility District." Motion passed 4/0. 5. CONSIDERATION OF REQUEST OF THE SOUTHSHORE SENIOR CENTER TASK FORCE Motion to Adopt a Resolution Authorizing Staff to Draft a Joint Powers Agreement with other Southshore Communities regarding the Southshore Senior Center . Robert Gagne, representing the Southshore Senior Center Task Force, introduced Larry Blackstad, Hennepin County Housing Authority staff member. Blackstad explained the proposed financing of the senior center. It is a multi-jurisdictional project therefore the cost of a 20-year Hennepin County Housing and Redevelopment Authority bond would be levied across the five participating cities to meet the capital requirements of the project similar to a school district bond. Each City Council would be required to authorize the levy for its respective residents. Blackstad responded to questions from the Councilmembers. He explained that if any city(s) does not participate, the levy would be spread across the remaining cities thereby increasing the cost to residents in those cities. Blackstad explained that variations to the proposed levy system such as a lump sum payment or city rather than resident payments would alter the character of the bond as proposed and would require study to determine feasibility and cost implications. He clarified that under the current financing proposal, the Cities would only be the vehicle by which the cost would be levied to residents. REGULAR CITY COUNCIL MINUTES FEBRUARY 28,1994 - PAGE 5 ' Gagne presented a specific example of tax assessments over a 20-year period for a Shorewood resident (with all things remaining equal): Schools-$ 17,658; Shorewood-$4,6l0; Senior Center-$lOO. He stated the task force recommends and supports the financing proposal presented. Gagne explained that after the joint powers agreements are acted upon by the participating cities, additional financing options could be discussed. He pointed out that drafting of a joint powers agreement is the first step in the process. He distributed information regarding methods for meeting operating expenses and stated it is expected that the Center will be self-sustaining. . Brancel read the resolution before the Council which would authorize the staff to draft a joint powers agreement with four other Southshore communities for construction of a senior center as proposed by the task force. The Councilmembers agreed the investment is worthwhile, the projected individual cost is manageable, senior citizens are deserving of the center and addition of the center would enhance the cities and provide beneficial results to the area. It was noted that this is the first step in approaching construction of a Southshore senior / community center. Brancel moved, Daugherty seconded to adopt RESOLUTION NO. 94-25, itA Resolution Authorizing Staff to Draft a Joint Powers Agreement with other South shore Communities regarding the Southshore Senior Center. It Motion passed 4/0. Mayor Brancel encouraged the other Southshore communities to support construction of the proposed senior/community center. 6. CONSIDERATION OF STREET LIGHT INSTALLATION - SMITHTOWN ROAD AND HOWARD'S POINT ROAD . Nielsen explained that this proposal for installation of a street light at Smithtown Road and Howard's Point Road resulted from the Council's prior consideration of another request for lights petitioned by residents on Brentridge Drive. He stated this installation meets the City's criteria for a street light for traffic safety reasons and recommended its approval. Diana Eckerberg, 27260 Smithtown Road, inadvertently understood that the proposal was for a traffic light rather than a street light at the subject intersection and expressed opposition to installation of the traffic light. Daugherty moved, Lewis seconded to authorize installation of a street light at the intersection of Smithtown Road and Howard's Point Road. Motion passed 4/0. REGULAR CITY COUNCIL MINUTES FEBRUARY 28, 1994 - PAGE 6 7. PARK - Report by Steve Dzurak Park Commissioner Dzurak directed the Council's attention to the Commission's proposals for a park and landscape plan for Silverwood Park and for the purchase of playground equipment for Silverwood and Freeman Parks presented for Council consideration and approval. Dzurak responded to questions from the Councilmembers regarding the slides at Silverwood Park and explained the rationale for purchase of the equipment by the Park Foundation in order to save money. He reviewed the selection process for playground equipment. Dzurak explained the status of the Commission's consideration of a petition for a platform tennis court at Silverwood Park and indicated a decision has not yet been made regarding such an installation. Lewis encouraged retaining green space in the parks and supported the use of quality materials in construction of trails and paths. It was noted that surrounding residents were sent copies of the Silverwood plans. While no comments regarding the proposal were . received, some residents offered to serve as volunteers where needed. A. Silverwood Park 1. Consideration of Approval of Landscape Plan Daugherty moved, Benson seconded to approve the Silvenvood Park landscape plan. Motion passed 4/0. 2. Motion Accepting Silverwood Park Plan Daugherty moved, Benson seconded to accept the Silvenvood Park plan. Motion passed 4/0. B. Playground Equipment . Consideration of a Recommendation Regarding Purchase of Playground Equipment for Silverwood and Freeman Parks Benson noted that sales tax on the equipment is included in the proposals submitted and suggested that the cost of the purchases be reduced by such taxes since the tax-exempt Park Foundation will make the purchase. Hurm described the status of the proposed Park Foundation and explained that the City will donate to the Foundation the park funds designated in the capital improvement program. It was noted that grading in the parks is a separately contracted expenditure. Daugherty moved, Benson seconded to authorize the purchase of playground equipment from Minnesota Playground Inc. of Golden Valley, Minnesota, for up to $28,000 for Silverwood Park and $20,000 for Freeman Park South. Should the Shorewood Park Foundation be established in a timely fashion, the Council hereby authorizes the donation REGULAR CITY COUNCIL MINUTES FEBRUARY 28,1994 - PAGE 7 of these amounts to said Foundation as its initial park improvement project. Motion passed 4/0. 8. PLANNING - Report by Representative Planning Commissioner Pisula reported on the discussions and actions taken by the Commission at its February 15, 1994 meeting. A. Resolution Approving a Simple Subdivision. Jack Duda, 20845 Idlewild Path. Lewis moved, Benson seconded to adopt RESOLUTION NO. 94-26, "A Resolution Approving Subdivision of Real Property." Jack Duda, 20845 Idlewild Path. . Motion passed 4/0. B. Resolution Approving a Simple Subdivision. Warren McCurdy, 5360 Vine Hill Road. Lewis moved, Benson seconded to adopt RESOLUTION NO. 94-27, "A Resolution Approving Subdivision of Real Property." Warren McCurdy, 5360 Vine Hill Road. Motion passed 4/0. 9. MATTERS FROM THE FLOOR - None. 10. DISCUSSION ON POLICY ISSUES - None. 11. ADMINISTRATOR AND STAFF REPORTS . Schedule of Rental Housing Code Inspections and Close of Sump Pump Program Hurm briefly reported on the status of the rental housing and sump pump inspections and stated full reports and recommendations will be made at a future meeting. Brancel encouraged renters in the City to communicate their input regarding the inspection program to the staff or to the Mayor at City Hall. Keane reported on the status of the City's legal action against the Metropolitan Waste Control Commission (MWCC). On February 25, 1994, a district court judge heard the City's request for an expedited trial and the MWCC's request to dismiss for lack of jurisdiction. The issues were considered on the basis of whether the district court can hear these questions. The MWCC argued the issued should be considered by the Minnesota Court of Appeals. The judge ruled that the MWCC is a state agency and that their decisions as a state agency should be reviewed by the Court of Appeals. Keane explained why he believes the Court misapplied the case upon which the judge relied on to make that decision. Keane maintains that the City is entitled to have the opportunity to be heard and REGULAR CITY COUNCIL MINUTES FEBRUARY 28,1994.. PAGE 8 to present its evidence and facts regarding the matter and preferably by an administrative law judge. Keane advised the Council that he will present a recommendation to them within the next 30 days that the district court's ruling be challenged. He responded to questions from the Councilmembers. 12. MAYOR AND CITY COUNCIL REPORTS - None. 13. ADJOURNMENT SUBJECT TO APPROVAL OF CLAIMS Benson moved, Daugherty seconded to adjourn the City Council meeting at 9:15 p.m. and to reschedule the work session to a future meeting. Motion passed 4/0. RESPECTFULLY SUBMITTED, . Arlene H. Bergfalk Recording Secretary TimeSaver Off Site Secretarial ATTEST: BARBARA J. BRANCEL, MAYOR JAMES C. HURM, CITY ADMINISTRATOR . CITY OF SHOREWOOD CITY COUNCIL EXECUTIVE SESSION MONDAY, FEBRUARY 28, 1994 CONFERENCE ROOM 5755 COUNTRY CLUB ROAD 7:00 P.M. MINUTES CONVENE EXECUTIVE SESSION The meeting was called to order by Mayor Brancel at 7:06 p.m. Roll Call Present: Mayor Brancel; Councilmembers Benson, Daugherty, and Lewis; Administrator Hurm, and Attorney Tim Keane. Councilmember Stover Absent: There was general discussion regarding the Administrator's review. Council members discussed goals to achieve with the Administrator. . ADJOURN Mayor Brancel adjourned the meeting at 7:40 p.m. ATTEST: BARBARAJ.BRANCEL,MAYOR JAMES C. HURM, CITY ADMINISTRATOR . 1 t ' CITY OF SHOREWOOD RESOLUTION NO. A RESOLUTION APPROVING SUBDMSION OF REAL PROPERTY AND GRANTING A VARIANCE FOR TWO DWELLINGS ON ONE LOT FOR MATT DONAHUE WHEREAS, Matt Donahue (Applicant) is the owner of real property located at 5275 St. Alban's Bay Road, in the City of Shorewood, County of Hennepin, legally described in Exhibit A (the Property), attached hereto and made a part hereof; and WHEREAS, the Applicant has applied to the City for a subdivision of the Property described in Exhibit A, into two parcels legally described in Exhibit B, attached hereto and made a part hereof; and . WHEREAS, the proposed division of the Property will result in two parcels containing approximately 126,324 and 145,490 square feet in area and the minimum lot area requirement for the zoning district in which the Property is located is 40,000 square feet; and WHEREAS, the Applicant proposes to temporarily locate a single-family dwelling on the westerly lot while constructing a new home on said westerly lot; and WHEREAS, Shorewood's Zoning Code limits the number of homes on a single- family lot, and whereas the Applicant has requested a variance; and WHEREAS, the Applicant's request was reviewed by the City Planner, and his recommendations were duly set forth in a memorandum to the Planning Commission dated 3 January 1994, which memorandum is on file at City Hall; and . WHEREAS, after required notice, a public hearing was held and the application was reviewed by the Planning Commission at its regular meeting on 4 January 1994, the minutes of which meeting are on file at City Hall; and WHEREAS, the Applicant's request was considered by the City Council at its regular meeting on 14 February 1994, at which time the Planner's memorandum, and the minutes of the Planning Commission were reviewed and comments were heard by the Council from the City staff; and WHEREAS, the Applicant and all other parties holding an interest in the Property have agreed to grant to the City of Shorewood drainage and utility easements as described in Exhibits C, attached hereto and made a part hereof; and WHEREAS, the Applicant proposes to establish a sanitary sewer easement across Parcel A in favor of Parcel B as legally described in Exhibit B, a copy of which easement is shown on Exhibit D, attached hereto and made a part hereof. ~Af NOW, THEREFORE, BE IT RESOL YED by the City Council of the City of Shorewood as follows: FINDINGS OF FACT 1. That the Property proposed to be divided is zoned R-IA and contains approximately 268,814 square feet of area. 2. That the two lots exceed the minimum size requirements for the R-IA zoning district, but the Applicant proposes that the lots not be further divided. 3. That the Applicant has provided a Declaration of Restrictive Covenant, attached as Exhibit E and made a part hereof, which Declaration ensures that Parcel B as described in Exhibit B will not be further divided. . 4. That the Applicant proposes to locate a temporary dwelling on Parcel A for one year while he builds a new home on Parcel A. CONCLUSION A. That the real property legally described in Exhibit A be divided into two parcels, legally described in Exhibit B. B. That the Applicant has satisfied the criteria for the grant of a variance under Section 1201.05 of the Shorewood City Code and has established an undue hardship as defined by Minnesota Statutes Section 462.375, Subd. 6(2). C. That based upon the foregoing, the City Council hereby grants the Applicant's request for a variance to locate a temporary dwelling on Parcel A, while a new home is being built, subject to the following conditions: . 1. The proposed temporary structure shall comply with all pertinent building code requirements. 2. The temporary structure must be moved in by a licensed house mover, on a route approved by the City Engineer, at a time approved by the Police Department. 3. The Applicant must provide an estimate of the cost to remove the structure, from a licensed house mover. From this estimate the City will require a cash escrow or letter of credit in the amount of 150 % of the estimate to insure that the structure will be removed within a specified time. 4. The applicant must use the variance by 14 March 1995. The temporary structure shall be removed from the property within one year of when it is located on the property. - 2 - 5. The temporary structure must be connected to the sanitary sewer. 6. The temporary structure must be located within the buildable area of the lot. 7. If the permanent home is not built, the temporary structure shall be removed or brought into conformity with all Shorewood City Codes. D. That the City Clerk furnish the Applicant with a certified copy of this resolution for recording purposes. E. That the Applicant record this resolution, together with the drainage and utility easements shown on Exhibit C, the sanitary sewer easement shown on Exhibit D, and the Declaration of Restrictive Covenant shown on Exhibit E with the Hennepin County Recorder or Registrar of Title within thirty (30) days of the date of the certification of this resolution. . ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 14th day of March, 1994. BarbaraJ.Branccl,Mayoc A TIEST: James C. Hurm, City Administrator/Clerk . - 3 - Existin1! Le1!al Description Lot 69, and Lot 70 except that part of said Lot 70 lying Southerly of the following described line: Commencing at the Southeast corner of said lot; thence North along the East line of said lot a distance of 249 feet to the point of beginning of the line being described; thence deflecting left 100 degrees a distance of 147 feet; thence deflecting left 18 degrees 28 minutes a distance of 156.82 feet; thence deflecting left 14 degrees 03 minutes 30 seconds to the Westerly line of said lot, and there ending, Auditor's Subdivision Number One Hundred and Forty One (141), Hennepin County, Minnesota. . . Exhibit A Proposed Le2al Description - Parcel A That part of Lot 69, Auditor's Subdivision No. 141, Hennepin County, Minnesota, which lies Northwesterly of the following described line and its extensions: Commencing at the Northeast corner of said Lot 69; thence westerly along the north line of said Lot 69 a distance of 179.53 feet to the point of beginning of the line being described; thence southwesterly deflecting left 52 degrees to the southwesterly line of said Lot 69, and said line there ending. . . . ProDosed Le~al Description - Parcel B That part of Lot 69, Auditor's Subdivision No. 141, Hennepin County, Minnesota, which lies southeasterly of the following described line and its extensions: Commencing at the Northeast corner of said Lot 69; thence westerly along the north line of said Lot 69 a distance of 179.53 feet to the point of beginning of the line being described; thence southwesterly deflecting left 52 degrees to the southwesterly line of said Lot 69, and said line there ending; AND Lot 70, said Auditor's Subdivision No. 141, EXCEPT that part thereof lying southerly of the following described line: Commencing at the Southeast corner of said Lot 70; thence north along the East line of said Lot 70 a distance of 249 feet to the point of beginning of the line being described; thence deflecting left 100 degrees a distance of 147 feet; thence deflecting left 18 degrees 28 minutes a distance of 156.82 feet; thence deflecting left 14 degrees 03 minutes 30 seconds to the westerly line of said Lot 70, and said line there ending. Exhibit B . . Note: Exhibits C and D to be attached upon receipt from Applicant . . DEED OF EASEMENT KNOW ALL MEN BY THESE PRESENTS, That the Grantor, Matthew J. Donahue and Anne M. Donahue, husband and wife, of City of Shorewood, State of Minnesota, for and in consideration of the sum of one dollar and other good and valuable consideration to them in hand paid, do hereby Convey and Quitclaim to the City of Shorewood in the State of Minnesota, as Grantee, an easement for drainage and utility purposes upon the Real Estate, situated in the County of Hennepin, State of Minnesota, described as follows, to-wit: A. The westerly, northerly, and southeasterly 10 feet of the following described property: That part of Lot 69, Auditor's Subdivision No. 141, Hennepin County, Minnesota, which lies Northwesterly of the following described line and its extensions: Commencing at the Northeast corner of said Lot 69; thence westerly along the north line of said Lot 69 a distance of 179.53 feet to the point of beginning of the line being described; thence southwesterly deflecting left 52 degrees to the southwesterly line of said Lot 69, and said line there ending. B. The northwesterly, northerly, easterly and southeasterly 10 feet of the following described property: That part of Lot 69, Auditor's Subdivision No. 141, Hennepin County, Minnesota, which lies southeasterly of the following described line and its extensions: Commencing at the Northeast corner of said Lot 69; thence westerly along the north line of said Lot 69 a distance of 179.53 feet to the point of beginning of the line being described; thence southwesterly deflecting leh 52 degrees to the southwesterly line of said Lot 69, and said line there ending; AND Lot 70, said Auditor's Subdivision No. 141, EXCEPT that part thereof lying southerly of the following described line: Commencing at the Southeast corner of said Lot 70; thence north along the East line of said Lot 70 a distance of 249 feet to the point of beginning of the line being described; thence deflecting leh 100 degrees a distance of 147 feet; thence deflecting left 18 degrees 28 minutes a distance of 156.82 feet; thence deflecting left 14 degrees 03 minutes 30 seconds to the westerly line of said Lot 70, and said line there ending. Exhibit E . . Dated at , Minnesota, this _ day of March, 1994. Matthew J. Donahue Anne M. Donahue STATE OF MINNESOTA ss. COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this _ day of March, 1994, by Matthew J. Donahue and Anne M. Donahue, husband and wife. Notary Public This instrument was drafted by: Mark V. Lofstrom 1900 Hennepin Avenue South Minneapolis, MN 55403 612/872-022 ARN: 64154 2 . . CITY OF SHOREWOOD RESOLUTION NO. 94 - A RESOLUTION APPROVING A SINGLE TEMPORARY GAMBLING LICENSE WHEREAS, the Shorewood city Code, Chapter 301, provides for the licensing of certain gambling activities in the City; and WHEREAS, the City prescribes certain restrictions concerning eligibility for such licensing and application, whereby the licensee will hold the City harmless for all claims arising out of the granting of such license; and WHEREAS, the following applicant has met the eligibility requirements for such a license and have agreed to all terms and conditions of the agreement contained in the license. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Shorewood as follows: That a single temporary license for the conduct of gambling as specified in the terms and conditions of the license be issued to The Sons of the American Legion, said drawing to be held Saturday, July 23, 1994 at the American Legion Post #259. ADOPTED by the City Council of the City of Shorewood this 14th day of March, 1994. Barbara J. Brancel, Mayor ATTEST: James C. Hurm, City Administrator/Clerk *3B Minn~taLawjUIGamWUng Application for Authorization for Exemption from Lawful Gambling License All in the unshaded portions of this application for exemption and N:ameandAd&:i;J~Jri:;.niz~tii-j;r-r;:);~~/(ng activity for processing. ~~wnName Clarence Clofer Squadron#259 The Sons of h xxxx:xxxxxxxxxx FOR BOARD USE ONLY FEE CHK INIT DATE LG220 (Rev. ~3) &~m c~ 24450 Smithtown RD Excelsior Chief executive Officer Daytime Phone Number Steve Sullivan (612)448-5984 ~~o.t:r'(oii~p,.ofi~<iriiaiti?ian(Jri.r Slate Z" code MN 55331 Treasurer Check the box below which indicates your type of organization o Fraternal ~ Veterans o Religious o Other noo-profit Gcu1ibliri~iSite......... . Name of site where adlvlty will lake place Clarence Clofer Post #259 American Legion SI~1 C~ - .. .. -.. ...... ..Townshlp 24450 Smithtown RD Shorpwoon Date(s) of activity (for raffles. lndlcaIe lhe dale ollhe drawing) Start A.S .A.P. Date of Drawing ..Types..ofQames........H... Check the box that indicates your proof of nonprofit status and attach a copy of the proof to the application. o IRS designation o Certification of good standing from the Minnesota Secretary of State's office IJ Affiliate of parent nonprofit organization (charter) .. . ..... Slate MN ~ code 'is 111 I County H"f'>nnf'>p,n Game(s) Bingo 0 Raffles Paddlewheels 0 Ti boards 0 Pull-tabs 0 I declare all information submitted to the Gambling Control Board is true, accurate, and complete. ::!;;:~:;=t~~~~:.! itPgL Signature of person ~celving appUcatlon Signature of person ~ceMng appUcallon TIlle Date received TIlle Date Received This form will be made available in alternative format (Le. large print. braille) upon request. Mail with $25 permit fee and copy of proof of nonprofit status to: Gambling Control Board 1711 W. County Rd. B. Sle. 300 S. Roseville. MN 55113 White - Original Yellow - Board retums to Organization to complete shaded areas . . """~ ~ 1994 SPRING CLEAN UP This year our Spring Cleanup will be handled similarly to previous years: A combination of curbside pickup for yard waste, brush and household rubbish, and a limited drop-off site for certain larger items. Curbside Pickup The curbside effort will be conducted on Saturday, May 21. Items you wish to have taken away must be at the street by 8:00 a.m. on Saturday. The cost of this service will be prorated to all residents of Shorewood and will appear on your second quarter utility bill. Following is a list of the types of items which will be accepted for the curbside pickup: . Brush, cut in four-foot lengths and bundled so as to be handled by one person . Grass clippings and leaves III bags not to exceed 50 lbs. per bag. . General household rubbish including small furniture items, portable T. V's, fiber glass bathtubs, toilets . Small lawn mowers and small engines (drain off fluids) . Carpets, 6 feet or less, no more then 12 inches in diameter, tied with twine (no wire) . Dismantled swing sets (length 8 feet or less) To expedite the process, please have brush and yard waste in piles separated from the trash. THESE ITEMS WILL NOT BE ACCEPTED: Construction debris (lumber, blocks, sheetrock, cabinets, doors, railrood ties, etc.) and household hazardous waste (including paint cans) Limited Drop-Off Site On Saturday. May 21.residents may bring larger items to the new Public Worlcr facility located at 24200 Smithtown Rd. just east of Minnetonka Plaza on County Rd 19 between the hours of 8:00 a.m. to 4:00 p.m. Following is a list of items which will be accepted and the fees which will be charged for those items: Appliances, including water heaters $ 8.00 Mattresses, carpets (larger than 6 feet in length) and large furniture items 10.00 Air Conditioners 17.00 Automobile tires (without rims) 2.00 Automobile tires (with rims) 3.00 Truck tires, up to 16 inches (no rims) 6.00 Batteries no fee Both the curbside pickup and the drop-off site are for Shorewood residents only. Those using the drop-off site will be required to show proof that they are Shorewood residents. Large Volumes of Brush. Yard Waste and Trees Since the curbside pickup is limited to bagged yard waste and manageable bundles of brush, it may not be practical for some residents with large volumes of brush, logs, etc. to utilize the curbside service. Those residents have several options: 1. Contact a private company, listed in the Yellow Pages under Tree Service, which chips trees and brush. (Bagged wood chips can be accepted in the curbside pickup.) 2. Take large loads (no compost materials) to the Hennepin County Tree Disposal Site in Maple Grove, operated by Ceres Tree Co. The site is open weekdays 8:00 a.m. to 5:45 p.m. and Saturdays 9:00 a.m. to 3:00 p.m. Call 420-7045 for fees and directions to the site. 3. Make arrangements with a private company to have a dumpster brought to your property. 3e MAR 02 '94 01:04PM BFI/WOODLAKE P.1/1 , .. > - ~ paper ~ WOODLAKE SANITARY SERVICE, INC. f':?!IIP.>Wast A SUbsidiary of tit.u ~!M ~~ March 2, 1994 Ms. Teri Naab City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Re: Spring Cleanup on May 21, 1994 Dear Ms. Naab: . Thank you for the opportunity to bid on the Spring cleanup for the City of Shorewood. As I told you on the phone, our charge would be $65.00 per hour for each truck we use. We charged $60.00 the past three years and I feel $65.00 is necessary to cover the increase in our operational costs. All d~sposal costs would be charged back to the City just as was done in the past. The good news is the drop in the tipping fee from $95.00 to $60.00 per ton for the refuse. I do not know what the disposal cost for compost is, but I think it should be similar to last year. Please call me at 946-5207 if you have any questions. forward to working with you. We look . Sincerely, ..E.J!.f" /j~~ Bill Heaston Assistant District Manager BHjnae 9813 i=L Y;NG CLOUD DRI'IE · EDEN PRAIRIE. MiNNESOTA 55347 . (6-:2\ 9.1 ~ -5~ 7 J . F,clxe 12;. 94c-:2::~ ".., -_"4' ........___ _ :> .,. ~ ~~ J~:~e~P~~~~ro~~~ ~e- Telephone (612) 454-9215 Fax (612) 454-8345 SCHEDULING/RESERVATION FORM Customer/Agency: City of Shorewood Contact Person Name: Tit Ie: Phone: Office(Billing) Address: Collection Site Address: ~ollection Day(s)/Date(s): (Spt~ing) (Fall) Collection Hours: From: To: Soecial Instructions/Remarx: * * * * * * * * * * * * * * Appliances will include, but not limited to; refrigerators, freezers, washers, dryers, airconditioners, dehumidifers, stoves, trash compactors, dishwashers, garbage disposals, water heaters, microwaves, furnaces, humidifiers. Appli- ances will be in a square (non-compacted) condition, and not contain food, debris, or other foreign material. J.P. 'S Appliance Disposal, Inc. (Pecyclet~) is sol(.;?ly t~esponsible fot~ the safe removal of all PCB's, mercury, CFC's, appliance metals, and other hazardous .astes, i n accot~dance with Fedet~a 1 1 aw and the 1.:::1.IrJS of the State of Minne~50ta. he Recycler shall secure and maintain all necessary PEPMITS and APPROVALS necessary to process said appliances. The Recycler will also provide any necessary CEPTIFICATES OF INSURANCE to the Customer, prior to start of work. INSURANCE shall remain in effect at all times and not be materially changed. Customer shall pay to the Recycler an amount of Seven & no/100s dollars (plus an $8.00 surcharge for each air conditioner), for each appliance accep- ted by the Customer and tendered to the Recycler. Any special charges will be agreed to by both parties prior to acceptance by either party. Customer shall pay within 30 days of the invoice date. The Recycler shall INDEMNIFY and HOLD the Customer and its employees HARMLESS from all claims, demands, and causes of action of any kind, character, includ- ing the cost of defense thereof, resulting from the acts, omissions, of the Recycler; of the organization's respective officers, agents, employees, and/or the individuals receiving benefit from the funds or items exchanged relating to the activities conducted under this agreement. ~iccep tl,,~d 't 0 t~ c:;u ~:::. t om"!2 toO.:: .___oO___.. '_' fDt... .J. R. "....0 I I ..,........... -~"'Y) ~ _ 1-t,..l,J _. ~. 11_,=.. ---'tJ.-C~-__, _ _.._..__.._._.._._... CDPY Its: r1ccepted C:;U:3TOMEF: Its: ___.__~ ~_:....._E~._....._oO'__"" . Printed on Recycled Paper. '\-- r- oo- ...:'" In The Forefront of C~eaning up America BROWNING.FERRIS INDUSTRIES SFI Tire Recyclers of Minnesota, Inc. BFI is an industry ~eader in waste tire recycling with the experience, technical expertise and resources to operate efficiently and cost effectively. By operating our own fleet of tractor/trailer units and a state-of-the-art tire shredding facility, BFI provides the type of dependable and continuous service our customers have come to expect. BFI has a commitment to preserving the quality of life and the scenic environment in Minnesota. Our goal is to help ensure that the Upper Midwest remains one of the cleanest ares in the country. . We would like to take this opportunity to thank you for allowing us to present our ideas for waste tire recycling to you. The BFI approach is identifying customer needs and providing cost effective alternatives to meet those needs. Our prices will be honored for 30 days from the date of quote. /11-"7 :L ( C/~ - (./yd PROPOSED SERVICE; Tire Tvpe: BFI/Customer Haul: BFI/Customer Load: Total Loads: Rate: A t. t.. 13 1- .:J:. go . I J,3 0 ~A-fe. C""" J I-tVVH. ~ lh/'<J'~ C'.4 f<: . 17"", fjJ e;. ,. 4/, ~ tLA.'1 - jJ. pI.. - vjJ (; ""J ~ o V'- Y'.c:e;./~ . D .o.-) IJ/ 51 ;a f=/-: ill j11 ~ )..o-rt. 1<:-- P.J4 -v/ ;h"'l LJ ft ..2 Business Name: C/-/; ~ ,rAJI,;'e """'......( ~/~I"I-?.- p I~... Business Contact, Phone: 7f- /? ,: t:..,. -;I JA" "'~Q --A Billing Address: S"7,r..r L~"p-,_t( C"1,-,6 M (;J~,61'i- W~#'i.J" ;]'/~~ Service Address:]'-I100 J'""",rA ~<.v_ /2...( ~ t!?~ re'/-/-d/6~.'9-f;",~~/ City, State, Zip: 5A.o"'....-vePoJ A1 "",", J.JJ 7/ BFI Represen ta ti ve, 11tH.. ,f;;c:"-' ;CX Da te , -V y ~ '-t' If you have any questions, please call us. 12498 WYOMING AVENUE SOUTH · SAVAGE, MINNESOTTA 55378 . (612) 894-5280. FAX: (612) 894-5061 ... -........." . . LAKE RESTORATION, INC. Professional Lake Weed Control February 17, 1994 City of Shorewood c/o Mr. Al Rolek or Mr. Jim Hurm 5755 Country ClubRd Shorewood, MN 55424 Dear Mr. Rolek or Mr. Hurm, Enclosed. please find the sign-up form for the lakewide inspections of Christmas lake for the 1994 season. In the past the city has paid for a May inspection and a September inspection. Last year the lake association paid for a June and a July inspection. In 1992 we discovered ewm on a routine visit for our lake homeowner services toward the end of June. I believe this is one of the reasons the two mid season inspections were added. The early season and late season inspections are done because that is the time frame that most ewm infestations have been found. Please take a moment to review this sign-up. If there are any changes in the cities plans to participate in this program please let us know asap, as the association will want to change its plans for their 1994 program. We thank you for your patronage in the past and look forward to working with you this summer. Sincerely, ~~ Robert Salonek Vice President ~<:)e . 620 Hamel Road Hamel, Minnesota 55340 (612) 478-9421 LAKE RESTORATION. INC. 620 Hamel Road Hamel. MN 55340 (612) 478-9421 1994 SIGN-UP FOR THE INSPECTIONS OF EURASIAN WATERMILFOIL CHRISTMAS LAKE (HENNEPIN) MR AL ROLEK OR MR JIM HURM CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD SHOREWOOD MN -.;...:.' ::::: 1 ~G31 ACT #2076 INFORMATION: 1. Inspections will be made for the control of: Eurasian Watermilfoil. 2. The inspection area includes: Christmas Lake. 3. Inspection program: Lake Restoration, Inc. trained and licensed personnel will conduct inspections consisting of a . minimum of 10 grapple samples per acre with a more concentrated effort in public areas. Weed samples are documented and if eUiasian watermilfoil is found the shoie area is marked and the location mapped. A report with the findings will be issued upon completion of the piogiam. 4. Special concerns or problem areas: PRICING & TERMS: NET 30. 1. Inspection of the entire littoral zone (area less than 15 feet deep). Cost $737.64 PER INSPECTION. ~ 2. Inspection to be done: Please check desiied inspections. (Both are recommended) 1 in SPRING 1 in FALL PLEASE SIGN AND RETURN WHITE COpy TO LAKE RESTORATION BY MARCH 15TH FOR SCHEDULING. Signature: Phone #= (H) Date: (W) Billing Addies::::; r ; -'- \. J.. i diffeient than above addiess) * keep yellow copy for your records * . . TO: Mayor & City Council FROM: James C. Hurm, City Administrator II- DATE: March 10, 1994 RE: Changes to Capital Budget As City project status changes from time to time, a should be adopted updating the capital Project Budget. keep everyone informed of current Council intent and of project budget. resolution This will the latest Attached is a resolution making adjustments to the 1994 capital Improvement Budget that have been discussed to date. Also attached is a copy of the original resolution and project schedule so you can see the difference. Attachments: Proposed Resolution Resolution #93-117 JH/tln 3994.1 .JJ3F . . CITY OF SHOREWOOD RESOLUTION NO. 94 - A RESOLUTION MAKING CAPITAL BUDGET AMENDMENTS WHEREAS, Resolution #93-117 (December 13, 1993) adopted a Capital Improvement Budget for the year 1994; and WHEREAS, it is the intent of the city council to update said budget from time to time as project status changes. NOW, THEREFORE BE IT RESOLVED that the City Council hereby adopts those purchases and projects identified to be made in the year 1994 in the updated Project Schedule of the 1994-1998 Capital Improvement Program (attached hereto) as its 1994 Capital Improvement Budget. BE IT FURTHER RESOLVED, that the adoption of said budget authorizes purchases, and preliminary project expenditures up to and including feasibility study for those projects identified to be undertaken in the year 1994 pending City Council approval of appropriate agreements and operating budget adjustments. ADOPTED by the City Council of the city of Shorewood this 14th day of March, 1994. Barbara J. Brancel, Mayor ATTEST: James C. Hurm, City Administrator/Clerk Adopted by the City Council on March 14, 1994 ~ Water streets Public Facili- ties ATTACHMENT TO RESOLUTION #94- 1994 CAPITAL IMPROVEMENT PROJECT SCHEDULE pro;ect/Purpose Amount Overhaul Woodhaven Well Water System Analysis 25,000 10,000 Overlay Projects T.H. 7/Vine Hill Road: Service Road sanitary Sewer Water 80,000 63,000 City Hall/Badger Park Parking Area Badger Well Building City Hall Copier Shady Island Bridge, Dry Hydrant Enchanted Drive, Dry Hydrant Enchanted Point, Dry Hydrant 90,000 25,000 12,500 23,000 14,000 13,000 Equipment Replace 1989 Ford F350 Dump Broom for Toro Tractor Speed Awareness Display Parks: Cathcart 16,669 2,500 12,500 Relocate Ballfield Parking Lot 23,800 16,000 Silverwood Improvements Freeman Trails 85,400 Building North Playground South Lights-Softball 30,000 24,000 50,000 silverwood Park along Pond & Covington to Pond Silverwood Park to T.H. 7 Old Market Road Off-street Freeman Park Trails 6,000 4,000 39,000 24,000 Funding Source Key: Funding Source Amount Per Source WF WF 25,000 10,000 SR 80,000 MSA SR WF 39,000 6,000 18,000 CR WF GF GF GF GF 90,000 25,000 12,500 23,000 14,000 13,000 . ER ER ER 16,669 2,500 12,500 PF PF 23,800 16,000 PF 85,400 . PF PF PF 30,000 24,000 50,000 TF 6,000 TF TF TF 4,000 39,000 24,000 WF - Water Fund SR - Street Reconstruction Fund MSA - Municipal State Aid CR - Capital Reserve Fund GF - General Fund ER - Equipment Replacement Fund PF - Park Fund TF - Trail Fund RESOLUTION NO. 93-117 A RESOLUTION ADOPTING A CAPITAL IMPROVEMENT BUDGET FOR THE YEAR 1994 ~EREAS,the Shorewood City Council wishes to carefully plan and coordinate City public capital purchases and projects over a five year period matching physical needs with financial resources; and ~EREAS, the City Council has adopted a Improvement Program for the years 1994 through 1998 purpose; and Capital for this . ~EREAS,it is the intention of the City Council to have the first year of the five year Capital Improvement Program document serve as the capital budget for year 1994. NOW, THEREFORE BE IT RESOLVED that the city Council hereby adopts those purchases and projects identified to be made in the year 1994 in the Project Schedule of the 1994-1998 Capital Improvement Program (attached hereto) as its 1994 Capital Improvement Budget. BE IT FURTHER RESOLVED, that the adoption of said budget authorizes purchases, and preliminary project expenditures up to and including feasibility study for those projects identified to be undertaken in the year 1994 pending City council approval of appropriate agreements and operating budget adjustments. . ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 13th day of December, 1993. ~v~~ Robert DaughSrty, Acting Mayor ATTEST: Q-o/W1 FA C 1/v/WYI James C. Hurm, City Administrator t fJ 26 ATTACHMENT Resolution 93-117 CITY OF SHOREWOOD CAPITAL IMPROVEMENT PROJECT SCHEDULE TYPE PROJECT/PURPOSE FUNDING AMOUNT AMOUNT SOURCE PER SOURCE -------------------------------------------------------------------------------------------- 1994 WATER OVERHAO!. WOODHA VEN WELL 25,000 WF 25,000 WATER SYSTEM ANALYSIS 10,000 WF 10,000 T.H. 7/VINE HILL ROAD CONNECTION 18,000 WF 18,000 STREETS OVERLAY PROJECTS 80,000 SR 80,000 T.H. 7/VINE HILL ROAD SERVICE ROAD 33,000 SR 33,000 PUBLIC FACILITIES CITY HALL/BADGER PARK PARKING AREA 90,000 CR 90,000 BADGER WELL BUILDING 25,000 WF. 25,000 CITY HALL COPIER 12,500 GF 12,500 EQUIPMENT REPLACE 1989 FORD F350 DUMP 16,669 ER 16,669 BROOM FOR TORO TRACTOR 2,500 ER 2,500 SPEED AWARENESS DISPLAY 12,500 ER 12, 50~. PARKS - CATHCART RELOCATE BALLFIELD 23,800 PF 23,800 PARKING LOT 16,000 PF 16,000 - S IL VERWOOD COURTS 46,800 PF 46,800 PICNIC FACILITIES 2,700 PF 2,700 LANDSCAPING 11,900 PF 11, 900 PLAYGROUND EQUIPMENT 24,000 pF 24,000 - FREE.."!AN BUILDING NORTH 30,000 PF 30,000 PLAYGROUND SOUTH 24,000 PF 24,000 LIGHTS - SOFTBALL 50,000 PF 50,000 T:; .$ SILVERWOOD PARK TO POND 3,000 TF 3,000 SILVERWOOD PARK TO T.H. 7 4,000 TF 4,000 OLD MARKET ROAD OFF-STREET 39,000 TF 39,000 FREEMAN PARK TRAILS 24,000 TF 24,000 . . . TO: Mayor & City Council FROM: James C. Hurm, City Administrator * DATE: March 9, 1994 RE: CDBG Public Hearing - 7:15 p.m. The public hearing is done annually. We should explain how we plan to use the CDBG funds (per the attached public hearing notice), ask for public comment, and then Council should consider the attached resolution allocating 1994 funds as follows: Southshore Senior Center Operation Handicap Accessibility for Park Playground $10,625.00 6,778.00 $17,403.00 and reallocating $4,664.00 of 1993 funds to handicap accessibility for parks and playgrounds. These funds were left over following the soil testing and survey work done for the proposed senior center site. *~ NOTICE OF PUBLIC HEARING 1994 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Notice is hereby given that the City of Shorewood in cooperation with Hennepin County, pursuant to Title I of the Housing and Community Development Act of 1974, as amended, is holding a public hearing on March 14. 1994. at 7:15 p.m. in the Shorewood Council Chambers. 5755 Country Club Road. Shorewood. Minnesota. The public hearing is on the housing and community development needs of the city and Urban Hennepin County, the Urban Hennepin County Community Development Block Grant Program statement of Objectives, and the proposed use of the 1994 Urban Hennepin County Community Development Block Grant Program planning allocation of $17,403.00 by the City and the proposed reallocation of 1993 progam Funds of $4,664.00 by the City. In addition, during the July 1, 1994 to June 30, 1995 program year it is estimated that no additional program income from locally funded CDBG activities will be available to the City. .The statement of Objectives consists of the following seven program areas: 1) ADMINISTRATION, to maximize program benefit and effectively administer program funds; (2) HOUSING, to rehabilitate and assist in the development of housing which is affordable to low- and moderate-income households; (3) NEIGHBORHOOD REVITALIZATION, to maintain and preserve viable neighborhoods through concentrated community development activities; (4) PUBLIC FACILITIES, to improve existing and assist in the development of new public facilities which benefit low- and moderate-income persons; (5) ECONOMIC DEVELOPMENT, to provide financial assistance to businesses which will provide or retain employment to the benefit of low- and moderate-income persons; (6) PUBLIC SERVICES, to expand and improve the quantity and quality of public services available to low- and moderate-income persons; and (7) REMOVAL OF ARCHITECTURAL BARRIERS, to remove material and architectural barriers which restrict the mobility and accessibility of elderly or disabled persons. The City of Shorewood is proposing to undertake the which 1994 Urban Hennepin County CDBG funds starting .994. Activity Southshore Senior Center Operation Handicap Accessibility for Park & Playgrounds following activities on or about July 1, Budqet $10,625 6,778 $17,403 Totals 1994 Handicap Accessibility for Park & Playgrounds 4,664 Reallocation of of 1993 funds Subsequent increases or decreases in the community planning allocation or the budget of any funded activity by the greater of $10,000 or 50 percent of the allocated amount is a substantial change and pursuant to Urban Hennepin County policy will be subject to the amendment process. For additional information on the proposed activities, level of funding program objectives and performance, contact the City of Shorewood at 474-3236 or the Hennepin County Office of Planning and Development at 541-7086. The public hearing is being held pursuant to MS 471.59. CITY OF SHOREWOOD RESOLUTION NO. 94 - A RESOLUTION APPROVING PROJECTED USE OF FUNDS FOR 1994 (YEAR XX) AND REALLOCATION OF REMAINING 1993 (YEAR XIX) FUNDS OF THE URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM WHEREAS, the city of Shorewood, through execution of a Joint Cooperation Agreement with Hennepin County, is cooperating in the Urban Hennepin County Community Development Block Grant Program; and WHEREAS, the City of Shorewood has developed a proposal for the use of Urban Hennepin County CDBG funds made available to it, and held a public hearing on March 14, 1994 to obtain the views of citizens on local and Urban Hennepin County housing and community development needs and the City I S ~roposed use of $17,403.00 from the Year XX and $4,664.00 from the Year XIX ~ban Hennepin County Community Development Block Grant. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Shorewood approves the following projects for funding from the Year XX and reallocation of unused funds from Year XIX Urban Hennepin County community Development Block Grant program and authorizes submittal of the proposal to Hennepin County for review and inclusion in the Year XX Urban Hennepin County Community Development Block Grant Program statement of Objectives and Projected Use of Funds. 1994 Year XX: Proiect Southshore Senior Center Operation Handicap Accessibility for Parks & Playgrounds Budqet $10,625.00 6,778.00 . 1993 Year XIX: Handicap Accessibility for Parks & Playgrounds $17,403.00 $ 4,664.00 ADOPTED by the City Council of the City of Shorewood this 14th day of March, 1994. Barbara J. Brancel, Mayor ATTEST: James C. Hurm, City Administrator/Clerk MAYOR Barb Brancel COUNCI L Kristi Stover Rob Daugherty Daniel Lewis Bruce Benson CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 5p331-8927 . (612) 474-3236 March 9, 1994 MEMO TO: Mayor and City Council 1)- FROM: James C. Hurm, City Administrator 0. , i . RE: Agenda Item #6, Park Foundation /i V . V steve Dzurak has prepared articles of incorporation for the proposed Park Foundation. These articles are necessary for the foundation to get started. It is important to start their initial project which would be the playground equipment for Silverwood and Freeman Parks. The initial Board will be steve, Jennifer McCarty and Gordy Lindstrom. within the next few weeks, a final draft of by-laws will be recommended to the City Council and the Council will be asked to make appointments to the Board of Trustees. . steve has been doing the paperwork necessary for the incorporation. The state fee, approximately $150.00, will be paid by the Park Department. steve, as well, as Park Commission Chair Jennifer McCarty, will be present at the meeting should the Council wish to discuss the Foundation or any of the details of the by-laws, the latest draft of which are attached in the packet. JCHlcl A Residential Community on Lake Minnetonka's South Shore J;~ . . ARTICLES OF INCORPORATION OF SHOREWOOD PARKS FOUNDATION The undersigned Incorporator, being a natural person of full age, for the purpose of forming a non-profit corporation under and pursuant to the provisions of Chapter 317A of the Minnesota Statutes, known as the Minnesota Non-profit Corporation Act, does hereby adopt the following Articles of Incorporation: ARTICLE 1 The name of this Corporation shall be: Foundation (the "Corporation"). Shorewood Parks ARTICLE 2 The Corporation shall be organized exclusively for charitable, educational, religious, or scientific purposes within the meaning of Section 501 (c) (3) of the Internal Revenue Code of 1986, as it now exists or as hereafter amended (the "Code"). Consistent with the foregoing, the Corporation shall establish and maintain programs to promote the preservation, prGtection, improvement, establishment and enlargement of parks, trails, bikeways and open space generally for the benefit the residents of the City of Shorewood. ARTICLE 3 The Corporation shall not afford pecuniary gain, incidentally or otherwise, to its members, directors, or officers or any of them. The Corporation shall not be operated for profit but shall be operated exclusively for charitable purposes. No part of the net earnings of the Corporation shall inure to the benefit of any member, Director, or' officer of the Corporation or any private individual, except that reasonable compensation my be paid for services rendered to or for the Corporation in the performance of its corporate purposes. The corporate assets shall never be diverted from the purposes above stated in Article 2. No member, Director or officer of the Corporation nor any private individual shall be entitled to share in the distribution of any of the Corporation's assets upon its dissolution. No substantial part of the activities of the Corporation shall consist of carrying on propaganda or otherwise attempting to influence legislation and Corporation shall not participate in or intervene in (including the publication or distribution of statements) any political campaign on behalf of any candidate for public office, except that the publications of the Corporation may report, discuss, and opine on the issues and events of the day in manner typical of newspapers, news magazines or other news periodicals 1 ARTICLE 4 The registered office of this corporation shall be located at the Shorewood City Hall, 5755 Country Club Road, Shorewood, Minnesota 55331. ARTICLE 5 The Corporation shall have no capital stock. ARTICLE 6 The duration of the Corporation shall be perpetual. ARTICLE 7 . Directors and officers of the Corporation shall have no personal liability for the obligations of the Corporation. . ARTICLE 8 The name and address of the Incorporator is as follows: steven J. Dzurak Shorewood City Hall 5755 Country Club Rd Shorewood, Minnesota 55331 ARTICLE 9 There shall be no cumulative voting for Directors of the Corporation. ARTICLE 10 The number of Directors constituting the first Board of Directors shall be three, and they shall be as follows: steven J. Dzurak Shorewood City Hall 5755 Country Club Rd Shorewood, Minnesota 55331 Gordon Lindstrom Shorewood City Hall 5755 Country Club Rd Shorewood, Minnesota 55331 Jennifer McCarty Shorewood City Hall 5755 Country Club Rd Shorewood, Minnesota 55331 2 . . The tenure in office of such first Board of Directors shall be one year, or, if earlier, until resignation or until successors are elected and qualified in accordance with the Bylaws of the Corporation. ARTICLE 11 Any action of the Board of Directors may be taken by a written action, signed by the number of Directors that would be required to take the same action at a . Board meeting at which all of the Directors were present. ARTICLE 12 Notwi thstanding any other provisions of these Articles of Incorporation, the Corporation shall not conduct or carryon any activities not permitted to be conducted or carried on by an organization exempt from tax under section 501(c) (3) of the Code and section 290.03, subdivision l(i) of the Minnesota statutes as it now exists or as hereafter amended, or by an organization to which contributions are deductible under section 170(c) (2) of the Code. ARTICLE 13 Upon the dissolution of the Corporation, the Board of Directors shall, after paying for or making provision for the paYment of all of the liabilities of the Corporation, dispose of all of the assets of the Corporation exclusively for the purpose of the Corporation ip such a manner, or to such organization or organizations organized and operated exclusively for charitable, educational, religious, or scientific purposes as shall at the time qualify as an organization or organizations exempt from tax under Section 501(c) (3) of the Code (or the corresponding provision of any future United states internal revenue law), as the Board of Directors shall determine. Any such assets not so disposed of shall be disposed of by the District Court of the County in which the principal office of the corporation is then located, exclusively for such purposes or to such organization or organizations as said Court shall determine are organized and operated exclusively for such purposes. IN WITNESS WHEREOF, the undersigned has set his hand this [ ] day of March, 1994 steven J. Dzurak, Incorporator 3 . . BYLAWS DRAFT ~)~ (9y OF THE SHOREWOOD PARK FOUNDATION ARTICLE I. Establishment sect.ion 1.01. Name. The name of this foundation shall be "Shorewood Park Foundation". section 1.02. Tax Status. The Foundation shall have chari table and recreational purposes and operating procedures consistent with organizations qualifying for exemption under Section 501 of the Internal Revenue Code of 1954 (or the corresponding provision of any future united State Internal Revenue Law). section 1.03. Reqistered Office. The Foundation shall have and continuously maintain in the State of Minnesota a registered office. The principal office shall be located at City Hall, 5755 Country Club Road, in the City of Shorewood, County of Hennepin. section 1.04. Corporate Seal. The corporation shall have no corporate seal. ARTICLE II. Purposes The objectives and purposes of the Foundation shall be fourfold: section 2.01. Provide more and better facilities at Shorewood's parks for organized sports acti vi ties and for unorganized recreational activities. A. add to the general quality of life for the entire Shorewood community; B. open up the potential for more residents and civic 1 . provide meaningful and joint park planning; . organizations to participate in recreational activities; and C. provide an opportunity to encourage donations to Shorewood's parks. Section 2.02. Provide a framework for the pooling of human resources to support, operate, and improve Shorewood's park facilities. A. serve as a vehicle for sports organizations, civic groups, and individuals to cooperatively: . identify common goals and work together to realize them; . develop creative ideas to better available space, raise funds, and recreational activities cost effectively; utilize expand and . improve communication and understanding. B. Serve as specific project or program coordinator with the approval of the City Council. section 2.03. Provide the framework for the pooling of funds to support, operate and improve Shorewood's park facilities . expeditiously. A. reduce the use of property tax dollars for park related expenditures; B. raise and disburse funds for: . a portion of the cost of maintenance of Shorewood's community park (Freeman); . Park Capital Improvement projects as listed in the City's five year capital Improvement Program 2 . . (CIP); and . park improvement projects in the long range park plan (beyond 5 years). C. work with the City in applying for matching and in kind contributions recreational grants. and providing for various Section 2.04. prioritize, projects. means park to review, improvement Provide recommend, for an organized and undertake All park improvement project proposals must be submitted to the Park Commission, which reviews proposals and submits recommendations to the City Council: . for inclusion in the Park Capital Improvement Program; . for inclusion in the long range plan (beyond 5 years); . as a separate proposal from an organization or individual which has an identifiable funding source, which is not inconsistent with park physical or financial plans, and which merits consideration. ARTICLE III. Trustees & Meetinqs Section 3.01. Trustees. The members of the cooperation shall consist solely and exclusively of the persons who constitute the Trustees of the corporation from time to time. When a person becomes a trustee of the corporation he or she shall, concurrently with becoming a trustee, automatically be a member of the corporation, and when a person ceases to be a trustee of the corporation he or she shall, concurrently with ceasing to be a trustee, automatically cease to be a member of the corporation. 3 . Four (4) positions shall be reserved for a representative from each area civic organization, which traditionally supports Shorewood's parks; . section 3.02. General Powers. The property, affairs and business of the corporation shall be managed by the Board of Trustees. Section 3.03. Property. No trustee shall have any right, title, or interest in or to the property of the corporation. section 3.04. Number. The number of trustees at the time of incorporation shall be seven (7), provided, however, that the number of trustees may be increased or decreased to any odd number not less than 11, nor more than 21, by vote of the Shorewood City Council. The Board of Trustees shall be made up as follows: . Five (5) positions shall be reserved for a representative from each of the sports organizations who regularly and consistently use the Shorewood park facilities; . Two (2) positions shall be reserved for representatives from the Park commission; . One (1) position shall be reserved for. a representative of the Minnetonka School District Community Services, as recommended by the Community Services Board; . Three (3) positions shall be reserved for Shorewood residents at large, as recommended by the City Council Park . Commission Liaison; and One (1) member of the Shorewood City Council and the City Administrator shall be ex officio members of the Board of Trustees having all rights and privileges of said position except that they cannot vote. Representatives on the Board of Trustees from anyone of the representative groups listed above shall not exceed 33% of the total Board of Trustees. Section 3.05. Oualifications. Trustees shall be residents of 4 . . Minnesota. Further, said trustees shall be affiliated with the Shorewood Park Commission by belief in the purposes set forth for the Foundation. Persons who would be described in section 4946 (a) (1) or (C) through (G) of the Internal Revenue Code of 1954, as now enacted or as hereafter amended, if this corporation were a "private foundation" as defined in section 509(a) of the Internal Revenue Code of 1954, as now enacted or as hereafter amended, shall never constitute more than one-third of the trustees of this corporation; and such persons, together with representatives of banks or trust companies which serve as trustees, investment advisors, custodians, or agents for or with respect to fund of or held for the benefit of this corporation, shall never constitute more than one-half of the trustees of this corporation. Section 3.06. Appointment. All members of the Board of Trustees shall be appointed by the Shorewood City Council. If the Board of Trustees is enlarged, the additional seats will be filled by City Council appointment. Section 3.07. Terms of Office. The term of office shall be three years or until his or her successor shall have been appointed. Initial terms of initial members shall be staggered so no more than one-third of the membership or closest fraction thereof will end their terms in the same year. This ratio shall be maintained if the membership is expanded beyond fifteen (15). Three consecutive terms (9 years) is the maximum appointment period; however, such limitation shall not apply to assignments on various and sundry advisory committees as may be established by the Board of Trustees. Section 3.08. Orqanization. At each meeting of the Board of Trustees, the president of the corporation or, in his or her absence, an acting chairperson chosen by a majority of the trustees present, shall preside. The Secretary of the corporation or, in his or her absence, any person whom the chairperson shall appoint, shall act as Secretary of the meeting. Section 3.09. Resiqnation. Any Trustee of the corporation may resign at any time by giving written notice to the President or to the Secretary of the corporation. The resignation of any trustee shall take effect at the time specified therein; and, unless otherwise stated therein, the acceptance of such resignation shall 5 6 not be necessary to make it effective. Section 3.10. Vacancies. The organizations or person represented by the Trustee may make a recommendation to the City Council regarding any vacancy in the Board of Trustees caused by death, resignation, disqualification, removal, or any other cause. The Trustee appointed by the City Council to fill the vacancy shall hold office for the remaining term of that trusteeship and until his or her successor shall be duly elected and qualified, unless sooner displaced. section 3.11. Removal of Trustees. Any trustee may be removed, either with or without cause, at any time, by the Shorewood City Council. The vacancy in the Board of Trustees caused by any such removal shall be filled in the manner specified in section 3.10 hereof. ~ section 3.12. Annual Meetinq. The January meeting will be the Annual meeting. On the same day, the Board of Trustees shall meet, at the place where such annual selection and election of trustees is held, or at such other place within the State of Minnesota as may be designated by the Board of Trustees, for the purposes of electing officers of the corporation and for the transaction of such other business as shall come before the meeting. Notice of such meeting need not be given if it is held at the place where the annual election of trustees is held, but if such annual meeting of the trustees is to be held at any other place, such other place shall be specified in a notice given as hereinafter provided for special meetings of the Board of Trustees or in a consent and ~ waiver of notice thereof signed by all the trustees. section 3.13. Reqular Meetinqs. Regular meetings of the Board of Trustees shall be held from time to time at such time and place wi thin the State of Minnesota as the Board may determine by resolution adopted by a majority of the whole Board of Trustees, and, in the absence of such designation, shall be held at the registered office of the corporation in the State of Minnesota. section 3.14. Notice of Meetinqs. Except as otherwise provided by statute and in these Bylaws, written notice of each meeting of the trustees, whether annual or regular shall be given not less than . . five (5) nor more than thirty (30) days before the day on which the meeting is to be held, to each trustee by mailing such notice to his or her post office address as shown on the books of the corporation. Notice of any meeting of trustees shall not be required to be given to any member who is in attendance when such called meeting is held. Notice of any adjourned meeting of the trustees shall not be required to be given, except where expressly required by law. section 3.15. Special Meetinqs. Special meetings of the Board of Trustees shall be held whenever called by the President or by two or more of the trustees. Notice of such special meeting shall be mailed to each trustee, addressed to him or her at his or her residence or usual place of business, at least two (2) days before the day on which the meeting is to be held, or to be delivered personally or by telephone, not later than one (1) day before the day on which the meeting is to be held. Each such notice shall state the time and place of the meeting, but need not state the purposes thereof except as otherwise expressly provided. Notice of any meeting of the Board of Trustees need not be given to any trustee who shall be present at such meeting; and the meeting of the Board shall be a legal meeting without any notice thereof having been given, if all the trustees of the corporation then in office shall be present thereat to waive such notice in writing before, at, or after said meeting. section 3.16. Emergencv Meetinq. In the event of an emergency in which the written notice for annual, regular, or special meeting cannot be honored, reasonable attempts shall be made (and documented) to contact trustees by phone and explain the emergency nature of business to be transacted. The first order of business at the meeting itself shall be action on a resolution declaring the need for an emergency meeting. If approved by roll call vote of two-thirds of the full membership, the meeting may proceed. section 3. 17. Quorum. At each meeting of the trustees, the presence of a majority of the Board of Trustees as a whole shall constitute a quorum for the transaction of business, except where a greater number may be required by statute. In the absence of a quorum a majority of the trustees present in person shall have the power to adjourn the meeting from time to time until the required 7 8 number of trustees shall be present. At any such adjourned meeting at which a quorum shall be present, any business may be transacted which might have been transacted at the meeting originally called. section 3.18. votinq. At each meeting of trustees, such trustee present in person shall be entitled to one vote on each matter to be voted upon at the meeting. At all meetings of the trustees, all matters (except in special cases where other provision may be made by statute) shall be decided by a majority of votes cast by the trustees present in person, a quorum being present. voting shall not be cumulative. section 3.19. Proxies. Proxies shall not be allowed or used. Section 3.20. Public Notice and Attendance. Attendance by the public at meeting of the Board of Trustees generally shall be . encouraged. In the sole discretion of the Board of Trustees, notice any annual, regular, or special meeting may be given to the public, and the public may be invited to attend all or any portion of any such meting, as the Board of Trustees may designate. ARTICLE IV. Officers section 4.01. Number. The officers of the corporation shall be a President, a Secretary, a Treasurer, and, if the Board shall so elect, one (1) or more Vice Presidents and such other officers as may be appointed by the Board of Trustees. Any two (2) or more . offices, except those of President and Vice President, may be held by the same person. section 4.02. Election, Term of Office and Qualifications. All officers shall be elected annually by the Board of Trustees, and each shall hold office until the next annual election of officers and until his or her successor shall have been duly elected and qualified, or until his or her death, or until he or she shall resign, or until he or she shall have been removed in the manner hereinafter provided. Officers shall be trustees. section 4.03. Resiqnations. Any officer may resign at any time by . . giving written notice of his or her resignation to the Board of Trustees, to the President or to the Secretary of the corporation. Any such resignation shall take effect at the time specified therein; and, unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective. Section 4.04. Removal. Any officer may be removed, either with or without cause, by a vote of the Board of Trustees at a meeting called for the purpose, and such purpose shall be stated in the notice or waiver of notice of such meeting unless all the trustees of the corporation shall be present thereat. section 4.05. Vacancies. A vacancy in any office because of death, resignation, removal or any other cause shall be filled by the unexpired portion of the term in the manner prescribed in these Bylaws for election or appointment to such office. Section 4.06. President. The President shall be the chief executive officer of the corporation and shall have general active management of the business of the corporation. He or she shall, when present, preside at all meetings of the trustees. He or she shall see that all orders and resolutions of the Board of Trustees are carried into effect. He or she may execute and deliver in the name of the corporation any deeds, mortgages, bonds, contracts or other instruments pertaining to the business of the corporation, including, without limitation, any instruments necessary or appropriate to enable the corporation to donate income or principal of the corporation to or for the account of such organizations, causes, and projects described in the Articles of Incorporation of the corporation as the corporation was organized to support, and in general, shall perform all duties usually incident to the office of the President. He or she shall appoint working committees and shall be an ex officio member of all committees. Such power shall include the power to appoint an Executive Committee and Advisory Committee which shall have those authorities delegated to them by the Board of Trustees. He or she shall have such .other duties as may from time to time be prescribed by the Board of Trustees. Section 4.07. Vice President. Each Vice President, if any shall be elected by the Board of Trustees, shall have such powers and shall perform such duties as may be specified in the Bylaws or prescribed 9 10 by the Board of Trustees or President. In the event of absence or disability of the President, Vice Presidents shall succeed to his or her power and duties in the order designated by the Board of Trustees. section 4.08. Secretary. The Secretary shall be Secretary of, and when present, shall record proceedings of meetings of the members and Board of Trustees. He or she shall when directed to do so, give proper notice of meetings of trustees. He or she shall perform such other duties as may from time to time be prescribed by the Board of Trustees or by the President and, in general, shall perform all duties incident to the office of Secretary. section 4.09. Treasurer. The Treasurer shall keep accurate accounts of all moneys the corporation received or disbursed. He or . she shall deposit all moneys, drafts and checks in the name of, and to the credit of, the corporation in such banks and depositories as a majority of the whole Board of Trustees shall from time to time designate. He or she shall have power to endorse for deposit all notes, checks and drafts received by the corporation. He or she shall disburse the funds of the corporation as ordered by the Board of Trustees, making proper vouchers therefor. He or she shall render a full account of all his or her transactions as Treasurer and the financial condition of the corporation frequently, at least on a quarterly basis, and more often if so required by the President, Board of Trustees or the City Finance Director; and shall perform such other duties as may from time to time be prescribed by the Board of Trustees or by the President, and, in general, shall perform all duties incident to the office of the . Treasurer. section 4.10. Other Officers. The corporation may have such other officers and agents as may be deemed necessary by the Board of Trustees, who shall be appointed in such manner, have such duties and hold their offices for such terms as may be determined by resolution of the Board of Trustees. ARTICLE V Committees 11 Section 5.01. Committees. The Board of Trustees shall have authority by resolution to establish committees with size, duration, duties, and responsibilities as are granted to them from time to time by the Board of Trustees. The President shall have authority to appoint members to the committees, designate the chairperson, or delegate the chairperson selection to the committee itself. The President shall be a member of all committees. Members of committees need not be members of the Board of Trustees; however, in every case, no less than one member of the Board of Trustees shall be appointed to every committee. . section 5.02. Advisorv Committee. There shall be an Advisory Committee which shall consist of not less than three members of the Board of Trustees. Additional appointees who are not members of the Board of Trustees may number up to twenty five (25). The Advisory Committee shall meet not less than once a year and advise the Board of Trustees on matters pertaining to the corporation and assist with communication and fund raising efforts to individuals and groups who can help advance the purposes of the corporation. section 5.03. Quorum. A majority of a committee shall constitute a quorum and the act of a majority of the members present at a meeting at which a quorum is present shall be the act of the committee. ARTICLE VI . Fiscal Aqents section 6.01. This corporation may designate such fiscal agents, investment advisors, and custodians as the Board of Trustees from time to time deems appropriate. The Board of Trustees may at any time, with or without cause, discontinue the use of the services of any such fiscal agent, investment advisor, or custodian and shall discontinue the use of the services of any such fiscal agent, investment advisor, or custodian for breach of fiduciary duty under Minnesota law or for failure to produce a reasonable (as determined by the Board of Trustees) return of net income (within the meaning of 9.10 hereof) over a reasonable period of time (as determined from time to time by the Board of Trustees) . ARTICLE VII Fiduciarv Responsibilitv section 7.01. It shall be the policy of this corporation that the Board of trustees shall assume and discharge fiduciary responsibility with respect to all funds held or administered by this corporation. ARTICLE VIII Basic Funds and Accounts Section 8.01. Fund Desiqnations: The Board of Trustees will establish four basic funds, each having distinct identity for fund raising, accounting, and investment purposes: ~ Undesiqnated Fund - No Restrictions on Principal and Interest: contributions in this fund may be used for any purpose thought suitable by the Board of Trustees. The distribution will include both principal and any accumulated interest. Designated Fund Havinq Special Rotatinq Accounts No Restrictions on Principal and Interest: The Board of Trustees establishes special accounts within the Designated Fund. the contributor selects anyone of the identified special accounts into which the donation will be placed. Both principal and accumulated interest will be used by the Board of Trustees to carry out the purposes of the special account. ~ Desiqnated Fund Having Permanent Accounts - Restrictions on Principal But Not on Interest: The Board of trustees establishes broad, permanent accounts within the Designated Fund for permanent accounts. The contributor may select any one of the identified permanent accounts into which the donation is to be placed. The principal is invested. Only the interest is used to carry out the purposes of the permanent account. Individualized Fund: The Board of Trustees enters special written agreement with the contributor into a wherein 12 restrictions regarding the asset and use thereof are identified and agreed to by Board action. The size of the donation must be large enough to justify establishing a distinct account within the Individualized Fund. Moreover, the purposes for which the Foundation was established must be considered along with costs associated with fund administration. . section 8.02. Chart of Accounts. The Board of Trustees will consult and coordinate with the City officials regarding special projects and needs which might be well served by the corporation and what accounts within the four basic funds will best serve these ends. The object is to accent maximum cooperative effort between the City and the Corporation and minimize confusion, conflict, and/or costs associated with fund use, accounting, and transfers. section 8.03. Securitv of contributions. The Board of Trustees shall be concerned with both the return and the security of contributions. The latter of the two objectives will be considered the most important. . Section 8.04. Liquiditv of Contributions. Negotiable instruments such as stocks and bonds and unrestricted gifts of property will be converted into cash wi thin a reasonable length of time and be managed as cash assets. It is the intent that the corporation will hold a diversified portfolio for purposes of appreciation, but not for speculation. A deviation from this provision may occur when the contributor makes -- and the Board of Trustees accepts -- a gift with restrictions regarding investment options. section 8.05. Refusal to Acceot contribution. The Board of trustees may refuse to accept a contribution for whatever reason. Nothing in these Bylaws shall be interpreted to mean a gift or contribution must be accepted. ARTICLE IX Policies with Respect to Distribution of Principal and Income and Related Matters Section 9.01. Distributions. It shall be the policy of this 13 corporation to make distributions on an annual basis, or less or more often as determined by the Board of Trustees for one or more of the purposes for which this Corporation is organized, including administrative expenses and amounts paid to acquire an asset used (or held for use) directly in carrying out one or more of such purposes, in an aggregate amount to less than its "adjusted net income" as defined in section 4942(f) of the Internal Revenue Code of 1954, as now enacted or as hereafter amended. Section 9.02. Use of Owned Assets. If shall be the policy of this corporation that the principal of any fund, title to which is vested in this corporation, may be distributed or used in such amounts and at such times as this corporation, acting through its Board of Trustees and Distribution Committee, may deem advisable; provided, however, that if the principal of any such fund is subject to any restriction, condition, limitation, or trust that is inconsistent with the foregoing policy nonetheless shall be so distributed or used (1) if, in the sole judgment of the Board of Trustees, such restriction, condition, limitation, or trust becomes unnecessary, incapable of fulfillment, or inconsistent with the educational needs of the Shorewood City Council (as such terms are defined in the Restated Articles of Incorporation of this Corporation); and (2) the Board of Trustees either modifies or eliminates such restriction, condition, limitation, or trust or institutes proceedings in a court of competent jurisdiction to effect such modification or elimination, all as contemplated and permitted by Article III of the Restated Articles of Incorporation of this corporation. Section 9.03. Use of other Assets. with the approval of not less than two-thirds of the Board of Trustees given an any annual or special meeting thereof, all or any part of the principal of any trust fund, title to which is not vested in this corporation but disposition of which is discretionary with this corporation, may be distributed or used for any park or recreational purposes for which this corporation is organized and which has received the approval of a majority of the members of the Distribution Committee, provided that such distribution or use is not contrary to any restriction, condition, limitation, or trust imposed with respect to such trust fund, and provided, further, that not to exceed twenty percent of the entire amount of the principal of such fund 14 . . . . shall be disbursed in anyone year, and provided, further, that certified copies of the resolutions of the Board of Trustees and of the Distribution Committee authorizing such distribution shall be filed with the trustee of such fund at least ninety days prior to the withdrawal of the first installment of principal from the hands of such trustee. section 9.04. No Self-Dealina. It shall be the policy of this corporation that this corporation shall not engage in any act which would constitute "self-dealing": as defined in section 4941(d) of the Internal Revenue Code of 1954, as now enacted or as hereafter amended, if this corporation were a "private foundation" as defined in section 509(a) of the Internal Revenue Code of 1954, as now enacted or as hereafter amended. section 9.05. Net Income. It shall be the policy of this corporation that all funds of this corporation shall, on an aggregate basis, be invested to produce for each fiscal year an annual "adjusted net income" (as defined in section 4942(f) of the Internal Revenue code of 1954, as now enacted or as hereafter amended) of not less than two-thirds of what would be this corporation's "minimum investment return" (as defined in section 4942(e) of the Internal Revenue Code of 1954, as now enacted or as hereafter amended) if this corporation were a "private foundation". Section 9.06. Excess Business Holdinas. It shall be the policy of this corporation to dispose of any holdings which would constitute "excess business holdings" as defined in Section 4943(c) of the Internal Revenue Code of 1954, as now enacted or as hereafter amended, and as applied on a component-by-component basis as if each component were a "private foundation", except that components will be combined for this purpose if such components would have been described in section 4946 (a) (1) (H) (ii) of the Internal Revenue Code of 1954, as now enacted or as hereafter amended. section 9.07. No Jeopardv Investments. It shall be the policy of this corporation to assure that no funds, whether title thereto is vested in this corporation or is vested in a trustee of a trust for the benefit of this corporation, are invested or reinvested in such a manner as to jeopardize the carrying out of any charitable or recreational purpose for which this corporation is organized. 15 Section 9.08. Expenditure Responsibilitv. It shall be the policy of this corporation that this corporation, through its Board of Trustees, will exercise "expenditure responsibility":, as defined in section 4945(h) (1) and (2) f the Internal Revenue Code of 1954, as now enacted or as hereafter amended, with respect to all grants and contributions made by this corporation which would otherwise constitute a "taxable expenditure" as defined in section 4945(d) (4) of the Internal Revenue Code of 1954, as now enacted or as hereafter amended, if this corporation were a "private foundation". section 9.09. Unrestricted Income. It shall be the policy of this corporation that at least one-half of the total income derived by this corporation from the investment of gifts and bequests received by this corporation shall be unrestricted. For this purpose, any income which has been designated by the donor of the gift or bequest to which such income is attributable as being available ~ only for the use or benefit of a broad park or recreational purpose for which this corporation is organized, will be treated as unrestricted; however, any income which has been designated for the use or benefit of a particular class of recreational activities, the members and attributes of which are readily ascertainable, will be treated as restricted. Section 9.10. Reasonable Return. The Board of Trustees shall obtain information and take other appropriate steps with a view to assuring that each trustee, agent, or custodian with respect to each restricted (within the meaning of section 9.09 hereof) trust or fund that is, with respect to the aggregate of the unrestricted trusts or funds that are, a component part of this corporation, ~ administers such trust or fund in accordance with the terms of its governing instrument and accepted standards of fiduciary conduct to provide a reasonable (as determined by the Board of Trustees from time to time) return of net income (or appreciation where not inconsistent with this corporation's needs for current income), with due regard to safety of principal, in furtherance of this corporation's educational purposes (except for assets held for the active conduct of this corporation's park and recreational purposes) . section 9.11. Exercise of certain Powers. The Board of Trustees of this corporation shall exercise all powers of modification or 16 ARTICLE X elimination described in Section 9.02 of these Bylaws and all powers of removal described in the last sentence of Article VII of these Bylaws in the best interest of this corporation. Books of Record, Audit, Fiscal Year, Bond, and Sup~ort services Section 10.01. Books and Records. The Board of Trustees of this corporation shall cause to be kept: (1) records of all proceedings of members, trustees, and committees; and . (2) such other records and books of account as shall be necessary and appropriate to the conduct of the corporate business. section 10.02. Documents Kept at Reqistered Office. The Board of Trustees shall cause to be kept at the registered office of this corporation originals or copies of: (1) records of all proceedings of members, trustees, and committees; (2) all financial statements of this corporation; and . (3) Articles of Incorporation and Bylaws of this corporation and all amendments thereto and restatements thereof. Section 10.03. Audit and Publication. The Board of Trustees shall cause the records and books of account of this corporation to be audited at least once in each fiscal year and at such other times as it may deem necessary or appropriate, and also shall make such inquiry as the Board of Trustees deems necessary or advisable into the condition of all trusts and funds held by any trustee, agent, or custodian for the benefit of this corporation, and shall retain such person or firm for such purposes as it may deem appropriate. Not later than six months after the close of each fiscal year of this corporation, the Board of Trustees of this corporation shall furnish to the Shorewood City Council, and otherwise make generally 17 available to all residents served by the Foundation, copies of the corporation's financial statements for its immediate preceding fiscal year and may, if determined necessary or appropriate by the Board of Trustees, cause such financial statements to be published in such one ore more newspapers having general circulation and distribution within the City of Shorewood as may from time to time be selected by the Board of Trustees. section 10.04. Fiscal Year. The fiscal year of the corporation shall end on December 31 of each year. section 10.05. Bond. A bond shall be required of all members, trustees, officers and employees of this corporation who deposit or withdraw, or otherwise handle, the funds of this corporation. The bond shall be in such amount, on such terms and conditions, and with such company or companies, as the Board of Trustees shall . determine. section 10.06. Support Services. When the corporation needs support services, e.g., fiscal, secretarial, development, the City Administrator's office of the City of Shorewood shall provide the services to the Foundation and receive full payment for costs thereof. In the event the City Council cannot, or chooses not to, provide said services, the Board of Trustees may obtain said services by other means. ARTICLE XI waiver of Notice . section 11.01. Notice Waiver. Whenever any notice whatsoever is required to be given by these Bylaws or any of the corporate laws of the State of Minnesota, such notice may be waived in writing, signed by the person or persons entitled to said notice, whether before, at, or after the time stated therein, or before, at, or before the meeting. ARTICLE XII Authorization Without a Meetinq 18 20 section 14.01. Dissolution. The corporation may be dissolved by the Board of Trustees if a resolution proposing dissolution of the corporation is adopted in one year, if another resolution to implement the proposed dissolution is approved not earlier than twelve months nor less than fifteen months later, if said resolution is approved by the Shorewood City Council, and if all conditions stated under MS 317.44 are met. Further, the Shorewood City Council may recommend to the Board of Trustees that dissolution action be taken, which must be taken to vote by the Board of Trustees. . Section 14.02. Disposal of Assets. Any corporation assets remaining at the time of official dissolution shall be turned over to a received as directed by the District Court under Minnesota Statutes. In advance of such action and on a timely basis the Board of Trustees shall petition the court to transfer the assets to, and let them be assumed by, the Shorewood City Council as though the assets have been donated to the City in the first place. . Section 12.01. Authorization without a Meetinq. Any action that may be taken at a meeting of the members may be taken without a meeting when authorized in writing and signed by all the members who are entitled to notice of the meeting for such purpose. Any action that may be taken at a meeting of the Board of Trustees may be taken without a meeting when authorized in writing and signed by all the Trustees. ARTICLE XIII Indemnification section 13.01. Indemnification. The corporation may indemnify such persons, for such expenses and liabilities, in such manner, under such circumstances, and to such extent as permitted by any applicable law. ~ ARTICLE XIV Amendments section 14.01. Amendments. The Board of Trustees may amend this corporation I s Articles of Incorporation, as heretofore or hereafter from time to time amended or restated, to include or omit any provision which could be lawfully included or omitted at the time such amendment is made. Any number of amendments, or an entire revision or restatement of the Articles of Incorporation or Bylaws, either may be submitted and voted upon at a single meeting of the Board of Trustees and be adopted at such meeting, a quorum being ~ present, upon receiving the affirmative vote of not less than two- thirds of the whole number of trustees of this corporation or may be adopted by a writing signed by all the trustees of this corporation; provided, however, that no amendment of section 2.01, 2.02, 2.03, 2.04, 3.04, 3.06 and 3.10 of these Bylaws, shall be made without the approval, by resolution, of the Shorewood City Council. ARTICLE XV Dissolution 19 A J..~", .~.... / ~.' r 2S To: Members of Shorewood City Council c/o Planning Department From: Donald W. Shafer 23880 Smithtown Road Re: Request for Street Lights on Lawtonka Drive Date: February 28, 1994 Being directly affected by this action, I regret I will not be able to attend the meeting of the Council on 28 February 1994 due to previous commitments. My views are expressed in this letter. . The need for the city's installation of street lights should be governed by two main factors: 1) To provide greater road safety, particularly at intersections. 2) For security of the neighboring residents through illumination of the area at night. It is hard to see how street lights on a dead-end cul-de-sac would increase road safety. The residents in this zero crime area already bathe the neighborhood with their garage lights -- 12 units, 2 lights per garage - 24 bright lights on most of the night. There are numerous home security systems available plus such technology such as motion activated lighting. . In the summer evenings we, along with our neighbors along Smithtown Road, escape from the noise and lights of the highway by using the area to the rear of our homes. Our terrace is less than 300 feet from one proposed street light location. I think we should be protected from such unnecessary obtrusive lighting the same as is provided by the ordinance prohibiting overhead illumination of tennis courts and swimming pools. It is hard for me to understand why people who com.e to this area seeking a rural environment then try to change it into an urban community. Thank you for considering my opinion in this matter. You\s truly, j.r A /) AJ /~ Donald W. Shafer \~ Sf .-f u A streetlight forever chances the restful feeling of t'Nilight, of summer evenings, of a restful bit of green. . To the Mayor and City Council City of Shorewood 5755 Country Club Road Excelsior 55331 MAR I iICL,.\ - ,..,/......''-'" 2/28/94 Mayor and City Council Members, I wish to express my extreme displeasure with the proposed street light at the cul-de-sac at the Boyer development, Gideon's Cove. Our house, our property, our terrace and our garden face directly at the pro.. posed light. . We have lived her since 1940 and wish to maintain what little is left of the restful nature of Shorewood. The site is not an intersection. This is not a through street. We were never consulted about a petition for this light. I know our neighbors feel the same. Thank You Jane Shafer 23880 Smithtown Road . . TO: Mayor & City Council If FROM: James C. Hurm, City Administrator DATE: March 10, 1994 RE: Agenda Item #9 - Policy Considerations in Finalizing the Sump Pump Inspection Program The attached list identifies those properties which: 1. Have rationale for an extension of time past the March 15th cut-off to come into compliance (# on list = 15); 2. Rental housing code addresses are in the process of being inspected and therefore should not be faced with the surcharge until the next quarter cut-off (June 15th) (# on list = 78); 3 . Those not yet inspected. . owner has requested an extension because they will not be returning to the property until after the deadline (# on list = 14); and 4. Those addresses which have not made arrangements for an inspection or who have been inspected but with no rationale for not coming into compliance as of this date. This list will receive a $100 surcharge on their April utili ty bill for the month of March as the Ordinance directs (# on list = 26). Any of the addresses on Lists 1 through 4 will receive a $300 surcharge on their July bill if they are not in compliance by June 15th. Recommended Policies for Consideration: A. The City will not charge for the month of March and give an extension to June 15th to come into compliance for: those who are not in compliance for reasons such as frost, those having had inadequate time to come into compliance, or those not inspected due to absence from the property. If they are not in compliance by June 15th, their July bill will include the $100 per month surcharge for April, May and June. B. Property may be exempt from the requirement at the direction of the City Attorney due to a current lawsuit. Upon further direction by the City Attorney said property should be given appropriate time to comply with the ordinance. C. Waiver of $100 charge on April bill. . . those on List 4 will receive a charge. Those properties who prove compliance by the next quarter deadline (June 15th) shall be credited or refunded the full $100 charge. -#'1 policy Considerations - Sump Pump Program March 10, 1994 Page 2 of 2 D. Those on Lists 1, 2 and 3 which have not come into compliance by June 15th will be charged $300 for the second quarter. If they are inspected and in compliance by September 15th, their $300 will be refunded or credited. The program has been a success. We have inspected over 2,200 properties. Those remaining on the list to be charged have been sent at least three communications and we have stopped by the premises. It is our hope that the $100 charge will get them to contact us to complete an inspection to verify compliance. If there are questions or concerns about the suggested policies, please call the office Monday before the meeting. JH/tln 31094.2 . . Address Owner LIST #1 - THOSE IN NON-COMPLIANCE REQUESTING EXTENSION: Remarks 26830 BEVERLY DR EBERT 1/6/94 EXTENSION TIL 4/94 5830 CHRISTMAS LK RD SMITH 12/16/93 EXTENSION TO SPRING 24590 GLEN RD Katter 12/1/94 (to be moved 5/94) 5715 GRANT LORENZ RD RESSLER 1/8/94 EXTENSION TIL 6/1 25545 ORCHARD CIR BIX 11/29/94 EXT. GONE TIL 4/1/94 5890 RIDGE RD UTZ 1/3/94 EXTENSION - WILL CALL 5975 RIDGE RD ZAHN 1/4/94 EXTENSION TIL 3/15/94 5355 SHADY HILLS CIR JOHNSON EXTENSION - LAWSUIT 24845 SMITHTOWN RD PIKE 2/1/94 EXTENSION TO 4/1 5215 ST ALBANS BAY RD COLLINS 1/14/94 EXTENSION TO 5/1 23130 SUMMIT AVE NYGARD 2/22/94 EXTENSION TO 3/19 19625 SWEETWATER CV BONACH 1/21/94 EXTENSION TIL SPRING 19390 VINE RIDGE RD AMIS 1/6/94 EXTENSION TO SPRING 4750 WEST LANE NELSON 1/31/94 EXTENSION TIL 4/94 27700 WOODSIDE RD RYKS 2/28/94 EXTENSION TO 4/1 . LIST #2 - RENTAL HOUSING UNITS: Address Owner Remarks 6025 APPLE RD SEGNER 25390 BIRCH BLUFF RD BONGAARD 5890 CATHCART DR NEPHEW 23900 CLOVER LN NIEMI 23910 CLOVER LN NIEMI 5885 DIVISION ST MORTON 27010 EDGEWooD RD MASON 27060 EDGEWOOD RD KOSS 27040 EDGEWooD RD KOSS 23905 ELDER TURN NIEMI 23895 ELDER TURN NIEMI 25725 EUREKA WAY TESSIER 4900 FERNCROFT DR PHILLIPPI . 4920 FERNCROFT DR PHILLIPPI 5445 GRANT LORENZ RD KEOGH 5870 HILLENDALE JOHNSON 5880 HILLENDALE JOHNSON 5450 HOWARDS PT RD ROSSBERG 5170 HOWARDS PT RD MORGAN 6030 LAKE LINDEN DR SCHMIDT 5417 MALLARD LN MATHIAS 5415 MALLARD LN MATHIAS 5422 MALLARD LN MATHIAS 5460 MALLARD LN HENTGES 5437 MALLARD LN ERVING 5462 MALLARD LN HENTGES 5442 MALLARD LN SEYYDIN 5440 MALLARD LN SEYYDIN 5420 MALLARD LN MATHIAS 5435 MALLARD LN ERVING 5540 MANITOU LN SHRWD OAKS 23620 MCLAIN RD PETERSON 22472 MURRAY ST BROWN 22530 MURRAY ST STREED 22885 MURRAY ST SIEFERT 22540 MURRAY ST STREED 22470 MURRAY ST BROWN 22895 MURRAY ST SIEFERT 23165 PARK ST SCHUMACKER 23155 PARK ST SCHUMACKER NC 11/9/93 NC 11/6/93 LIST #2 - RENTAL HOUSING 20727 RADISSON RD 21285 RADISSON RD 20729 RADISSON RD 5550 SHOREWooD LN 5520 SHOREWooD LN 5580 SHOREWooD LN 5535 SHOREWOOD LN 5585 SHOREWooD LN 5570 SHOREWooD LN 23947 SMITHTOWN RD 24480 SMITHTOWN RD 27964 SMITHTOWN RD 23945 SMITHTOWN RD 24520 SMITHTOWN RD 25070 SMITHTOWN.RD 27960 SMITHTOWN RD 24510 SMITHTOWN RD 24500 SMITHTOWN RD 24490 SMITHTOWN RD 25895 SMITHTOWN RD 4940 SUBURBAN DR 5387 WEDGEWOOD DR 5385 WEDGEWOOD DR 5345 WEDGEWOOD DR 5367 WEDGEWOOD DR 5347 WEDGEWOOD DR 5365 WEDGEWooD DR 25682 WILD ROSE LN 5742 WOOD DUCK CIR 5602 WOOD DUCK CIR 5747 WOOD DUCK CIR 5685 WOOD DUCK CIR 5687 WOOD DUCK CIR 5740 WOOD DUCK CIR 5600 WOOD DUCK CIR 5682 WOOD DUCK CIR 5680 WOOD DUCK CIR 5622 WOOD DUCK CIR UNITS (Continued): SCHMITT (20715) LEHMAN SCHMITT (20735) VANDERLINDE ERICKSON MCALPINE HARRILL BLANKENSHIP MCALPINE BRELJE FEMRITE DEIKEL BRELJE FEMRITE OHLAND 12/8/93 DEIKEL FEMRITE FEMRITE FEMRITE REICH NC 12/11/93 SCHMIDT OKEY OKEY FULLER FULLER FULLER FULLER VICTORSEN LENARZ PRYM PROP HIPP NC 11/11/93 SPRAY SPRAY LENARZ PRYM PROP MARCELLI MARCELLI MARCELLI . . Address LIST #3 - REQUESTING EXTENSION DUE TO ABSENCE: Remarks Owner ------------------------------------------------------------------------ 4730 BAYSWATER RD SAYER GONE TIL 6/94 28110 BLDR BRIDGE DR WESTIN GONE TIL 5/1/94 5865 DIVISION ST JOHNSON GONE TIL 5/94 5285 HOWARDS PT RD DANN GONE TIL 4/1/94 20360 KNIGHTSBRIDGE MITHUN GONE TIL 5/94 20300 KNIGHTSBRIDGE AMATO GONE TIL 6/94 5325 LEE CIR WAKEFIELD GONE TIL 5/94 10340 MCKINLEY CT GRAVES GONE TIL 4/94 5910 MINNETONKA DR TINNESAND GONE TIL 4/5/94 19555 MUIRFIELD CIR ANDERSON GONE TIL 3/28 20595 RADISSON RD WREDE GONE TIL 4/94 4950 REGENTS WALK BENJAMIN GONE TIL 5/94 26065 SMITHTOWN LN KRUEGER GONE TIL 3/31/94 27990 SMITHTOWN RD FOX GONE TIL 5/1/94 LIST #4 - THOSE PROPERTIES TO RECEIVE SURCHARGE FOR MARCH: Address Owner Remarks ------------------~----------------------------------------------------- . . 26045 BIRCH BLUFF RD 28045 BLDR BRIDGE DR 22310 BRACKETTS RD 22370 BRACKETTS RD 5995 CATHCART DR 6135 CATHCART DR 6170 CHURCH RD 5780 ECHO RD 27190 EDGEWOOD RD 6070 GALPIN LAKE RD 22695 GALPIN LN 22760 GALPIN LN 20755 GARDEN RD 5975 HILLENDALE 20980 IVY LN 19795 MUIRFIELD CIR 22695 MURRAY ST 26320 OAK RIDGE CIR 26445 OAK RIDGE CIR 5950 RIDGE RD 6030 RIDGE RD 25985 SMITHTOWN LN 25565 SMITHTOWN RD 4905 SUBURBAN DR 24750 WILTSEY LN 25040 YELLOWSTONE TR NEWBERG FRITTS FONDA REUTER REIDEL ELLIS VOIGT SIMMONS REDMOND DAVISON HOUSMAN RICH BODIN NEWMAN NEYLAND MASCHOFF LONDO REUTER BARRETT SCHULTZ GROSS MCGINN FOX PEARSON FLEET MORTG HUME 2/11/94 2/21/94 11/16/93 DOGS WON'T ALLOW ACCESS 1/17/94 1/17/94 11/10/93 1/3/94 12/8/93 EXTENSION TIL 3/1/94 2/21/94 11/16/93 1/21/94 12/28/93 2/28/94 12/30/93 1/3/94 EXTENSION 3/1/94 12/8/93 1/31/94 . . TO: Mayor & City Council FROM: James C. Hurm, City Administrator Teri Naab, Deputy Clerk ~~ March 10, 1994 ~ DATE: RE: Office Personnel Restructuring & Consideration of Related Job Descriptions Part-time Clerical Assistant: staff has taken the last 3 to 4 months to review the off ice structure and the City's changing human resource needs. We have identified the need for consistency as an important factor in having a smooth running office. Prior to the discharge of the full-time Assistant to the Deputy Clerk in November of 1993, there were also temporary part-time positions included in the adopted budget. Since that time, current full-time staff has absorbed the duties and responsibilities of the former Assistant position, and, on the average, one temporary part- time position on a daily basis was used to help with additional projects. During the first 2 months of 1994 part-timers worked 194 hours (24 hours a week). Remember, during this time the sump pump inspection program created additional work for the staff. Some additional part-time hours should be anticipated and budgeted for special projects, etc. Most of those duties and responsibilities of the former full-time position have been performed in a more efficient way, thus staff does not feel it necessary to hire another full-time person at this time. We do feel that to provide the most reliable and flexible possible coverage, a permanent part-time position should be created. This position would offer the necessary coverage for vacations, absences and additional staff for projects, and also be responsible for routine duties and/or tasks defined in the job description attached and labeled as "Part Time Clerical Assistance" on a regular basis. Our hopes are to find someone who is flexible enough to provide the necessary coverage when we need it. This person will be working approximately 25 hours and up to 32 hours per week on average, thus eliminating the need to provide benefits. Typical hours would be 8:30 a.m. to 1:30 p.m. and all day Thursday on the week preceding a Council meeting. After review of the current salary chart and discussion with our personnel consultant, staff recommends a salary range as follows: Step 1 Step 2 Step 3 Step 4 Step 5 $8.40/hour 8.93 9.45 9.98 10.50 loA Office Personnel Restructuring March 10, 1994 Page 2 Should we find that this person has the ability to assume and expand the position, the description and salary range could be amended in the future. Our personnel consultant has recommended and our Administrative Policy is that this position be advertised to cover the requirements to the Equal Employment Opportunity criteria. We have also included necessary language in the job description to comply with ADA (American's with Disabilities Act) . Election Clerk: Another duty of the former Assistant to Deputy Clerk was the preparation of elections. Staff proposes to supervise the entire . process the first year, and appoint an election clerk to coordinate and basically prepare for the election. This position can be reviewed and amended as necessary after the first election period. We have checked with the City of Maple Grove, which hires a temporary election clerk prior to an upcoming election, and with two school districts who also use contract labor to supervise their elections. We are recommending a wage of $10 per hour be set for this position. After the experience of several elections we may recommend a base pay and a designated amount per election. We are asking that the attached job description for "Part-time Temporary Election Clerk" be approved and the wage set at $10 per hour. . 3794.1 Seasonal Part-Time: Salary Benefits S.S. 2,340 350 GENERAL FUND BUDGET ANALYSIS 1994 Actual Budget Actual Budget based 1993 1994 thru 2/94 on # of hrs Asst to Deputy Clerk: Salary $28,727 $30,232 2,080 Benefits 3,480 3,720 S.S. & PERA 3,485 3,667 -------- -------- Sub-Total 35,692 37,619 Part-Time positions: Salaries 5,159 6,000 1,360 1,000 Benefits S.S. 395 459 165 ------- ------ ------ ------- Sub-Total 5,554 6,459 1,525 . TOTAL $41,246 $44,078 $1,525 3,080 PROPOSED FOR 1994: ESTIMATED # hours in 1994 Part-Time Clerical: Salary Benefits S.S. & PERA $13,100 1,560 1,334 Election Clerk: . Salary .. Benefits S.S. $ 1,200 120 92 179 TOTAL PROPOSED $18,245 2,030 In short, this proposal will add work force, stability, meet today's work force needs, and provide skilled back-up at a significantly lower cost (Irom $44,078 to $18,245, a reduction of $25,833 for 1994). These savings will decrease slightly each year for 3 years as the employee progresses up the pay scale. Recommended Action: A motion approving the two job descriptions attached to facilitate the office realignment proposed and approving the proposed salary range. 108 position Part Time Clerical Assistant Obiective and Scope Performs clerical duties under the direction of the Deputy Clerk. Relationship Reports to: Executive secretary/Deputy Clerk Essential Job Functions: 1. Assists the Deputy Clerk in performing duties and projects. A. In the absence of a recording secretary to the City Council, take minutes for the meetings. B. Assists the receptionist with incoming telephone calls and refers callers to the appropriate department. Answers routine questions. Provides backup for receptionist during breaks and absences. . C. Assists with issuance of various City licenses, permits, applications, scheduling, payments and mail. D. Responsible for keeping central and property files with accurate, up-to-date records and assists in general filing when needed. E. Prepares and distributes City Council and Park Commission agendas and packets. Responsible for preparing the Council Chambers for scheduled meetings. . F. Assists the Election Clerk with various election duties such as: absentee voting, registration, and clerical support. 2. Secretary for Public Works and Engineering: A. Types letters, memorandums and reports for the Public Works Director and Engineer. B. Schedules appointments of Public Works Director and Engineer. C. Provides secretarial and filing support. Maintains all records for department. D. Assists Public Works Director and Engineer in budget preparation, implementation and monitoring. E. Assists people requesting as-built information regarding City systems. Part Time Clerical Assistant Page 2 of 3 3. Secretary for Parks: A. Attends Park Commission meetings I records and drafts minutes. B. Prepares and distributes Park Commission agendas and packets. C. Provides Park Commission secretarial support and meeting follow up. D. Keeps records and files on all Park projects and proposals and maintains City Park related policies and procedures. E. Coordinate the warming house rink attendant schedules and skating rinks usage. . 4. Performs other duties as directed by the Deputy Clerk. REQUIREMENTS Education & Skills: 1. Education - high school graduate. Some schooling beyond high school is preferred. 2. Knowledge of municipal office operations and filing systems. 3. Ability to handle public contact with tact and effectiveness. 4. Ability to maintain accurate and up to date records and com- plete reports. 1. 5. Must be a proficient typist with speed accuracy and good spelling and punctuation. 6. Should be a self starter being able to compose routine answers to correspondence. 7. Previous experience with word processing and computer equipment is required. 8. Ability to work effectively and harmoniously with others under a minimum of supervision with varying demands. 9. Must become familiar with all aspects of the administrative office duties to be able to fill in and work load adjust- ments are required. 1. While performing the duties of this job, the employee is regularly required to sit, talk, see and hear. The employee frequently is required to use hands to finger, handle, or feel objects, tools, or controls and to operate a variety of office equipment. The employee is occasionally required to stand; walk; reach with hands and arms; climb or balance; and stoop, kneel, or crouch. Part Time Clerical Assistant Page 3 of 3 Physical Demands: 2. Employee must occasionally lift and/or move up to 25 pounds. 3. Specific vision abilities required by job include close vision and the ability to adjust focus. . The physical demands described above represent those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Work Environment: 1. The work environment is that of a typical office. 2. The noise level in the work environment is moderately noisy on an occasional basis. 3. Office equipment typically operated includes tele- communication systems, computers, copiers, dictating machines, calculators, typewriters, and collators. . The work environment characteristics described above are representative of those an employee encounters with performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. . . position Part Time Temporary Election Clerk Ob;ective and Scope Responsible for activities relating to election process. Relationship Reports to: Executive Secretary/Deputy Clerk Essential Job Functions: 1. Maintenance of all election files, documents and supplies. 2. Coordinates Election Process: A. Prepares maps for precincts and updates precinct locator. B. Attends all election meetings. C. Supervises the registration of voters and maintenance of registration files. D. Hires and trains all election judges. E. Keeps the public informed of any new election laws and regulations. F. Responsible for all legal publications and deadlines. G. Supervises the filing process and ballot layout. H. Arranges for the use of each polling place. I. Coordinates absentee voting. J. Prepares test ballots for voting machines and runs the preliminary tests required. K. Coordinates all election day activities including preparation of supplies, machines and reporting results. 3. Post Election Duties: A. Checks equipment for needed repairs. B. Stores remaining supplies. C. Responsible for time sheets for election judges. D. Report election results to State, County, and media. Part Time Temporary Election Clerk Page 2 of 3 REQUIREMENTS Education & Skills: 1. Minimum education - high school graduate. 2. Knowledge of municipal election statutes and procedures. Experience as an election judge preferred. 3. Ability to handle public contact with tact and effectiveness. 4. Ability to maintain accurate and up to date records and com- plete reports. 5. Ability to work effectively and harmoniously with others under a minimum of supervision with varying demands. Ability to organize an election process and be flexible and open to changes. 7. Ability to establish and maintain effective relationships with election workers. 6. 8. Ability to conduct training sessions for election workers and city staff as needed. 9. Must be available to work long hours on election days. Physical Demands: 1. While performing the duties of this job, the employee is regularly required to sit, talk, see and hear. The employee frequently is required to use hands to finger, handle, or feel objects, tools, or controls and to operate a variety of office equipment. The employee is occasionally required to stand; walk; reach with hands and arms; climb or balance; and stoop, kneel, or crouch. 2. Employee must occasionally lift and/or move up to 25 pounds. 3. Specific vision abilities required by job include close vision and the ability to adjust focus. The physical demands described above represent those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. . . 1. The work environment is that of a typical office. 2. The noise level in the work environment is moderately noisy on an occasional basis. Part Time Temporary Election Clerk Page 3 of 3 Work Environment: 3. Office equipment typically operated includes tele- communication systems, computers, copiers, dictating machines, calculators, typewriters, and collators. . The work environment characteristics described above are representative of those an employee encounters with performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. . . . CITY OF SHOREWOOD ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 301 OF THE SHOREWOOD CITY CODE RELATING TO GAMBLING AND RAFFLES ordains: The City Council of the City of Shorewood, Minnesota, Section 1: Section 301.06, Subd. 2 of the Shorewood City Code is deleted and amended to read: Subd. 2. A biennial license. The biennial license fee to operate gambling devices or to conduct a raffle shall be as provided in Section 1301.02 of this code for each activity or combination of all activities. Biennial license fees shall not be prorated. All biennial gambling licenses shall run concurrent with the expiration date of the organizational license issued by the State Gambling Control Board, but shall not exceed that expiration date. Section 2: Section 1301.02 shall be amended as follows: Type of Charqe/Fee City Code Reference Charqe/Fee Gambling License 301.06.2 $100.00 Biennial Section 3. This Ordinance shall be in full force and effect from and after its passage and publication. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, this 14th day of March, 1994. Barbara J. Brancel, Mayor ATTEST: James C. Hurm, City Administrator 'CIA ",,8 CITY OF SHOREWOOD RESOLUTION NO. 94 - A RESOLUTION APPROVING A GAMBLING LICENSE WHEREAS, the Shorewood City Code, Chapter 301, provides for the licensing of certain gambling activities in the City; and WHEREAS, the City prescribes certain restrictions concerning eligibility for such licensing and application, whereby the licensee will hold the City harmless for all claims arising out of the granting of such license; and WHEREAS, the following applicant has met the eligibility requirements for such a license and have agreed to all terms and conditions of the agreement contained in the license. . NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Shorewood as follows: That a license for the conduct of gambling as specified in the terms and conditions of the license be issued to the American Legion, Post #259 for the remainder of a two year term ending June 31, 1996. ADOPTED by the City Council of the City of Shorewood this 14th day of March, 1994. . ATTEST: Barbara J. Brancel, Mayor James C. Hurm, City Administrator/Clerk STATE OF MINNESOTA GAMBLING CONTROL BOARD PREMISES PERMIT RENEWAL APPLICATION LG214PPR PRINTED:Ol/ll/94 FOR BOARD USE om AMT PAID CHECK NO. DATE LICENSE NUMBER: A-00229-001 EFFECTIVE DATE: 07/01/92 EXPIRATION DATE: 06/30/94 NAME OF ORGANIZATION: American Legion Post 259 Shorewood GAMBLING PREMISES INFORMATION NAME OF ESTABLISHMENT WHERE GAMBLING WILL BE CONDUCTED Am Legion Post 259 24450 Saithtown Rd Shorewood 55331 COUNTY Hennepin IS THE PREMISES LOCATED WITHIN THE CITY LIMITS?: Y LESSOR INFORMATION DOES YOUR ORGANIZATION OWN THIS SITE?: Yes 4IIr NO, LIST THE LESSOR: NAME OF PROPERTY OWNER (WHEN NOT LESSOR): SQUARE FEET PER MONTH: SQUARE FEET PER OCCASION: o AMOUNT PAID FOR RENT PER MONTH: AMOUNT PAID PER OCCASION: o o o BINGO ACTIVITY BINGO IS CONDUCTED ON THIS PREMISES: No IF YES, REFER TO INSTRUCTIONS FOR REQUIRED ATTACHMEN~ STORAGE ADDRESS 24450 Smithtown Rd ~celsior MN 55331 BANK INFORMATION Norwest Bank 411 Water st Excelsior MN 55331 GAMBLING BANK ACCOUNT NUMBER: 0101477 ON THE LINES PROVIDED BELOW LIST THE NAME, ADDRESS AND TITLE OF AT LEAST TWO PERSONS AUTHORIZED TO SIGN CHECKS AND MAKE DEPOSITS AND WITHDRAWALS FOR THE GAMBLING ACCOUNT. THE ORGANIZATION'S TREASURER MAY NOT HANDLE GAMBLING FUNDS. ::st:J jl-16S L. I P~rG;2.ScvJ i G-Afl-t!?lIJJG- J!.1Ge ( .:30 WCOl)'-Aw/J AV6" ~XC€LSlO~/ ;t1vV. .r.s'-= fj~fiI;.f11l1;V Asst; /4~1-. I .AS /0of...f'fli<-u{J PrO&.. /;;t,tJ/<A 8AY M".J. $3: . I t L6 I PaS! ;t1~f1/3~f- .J7:S G- 5AMH 1'1., (BE SURE TO COMPLETE THE REVERSE SIDE OF THIS APPLICATION) THIS FORM WILL BE MADE AVAILABLE IN ALTERNATIVE FORMAT (I.E. LARGE PRINT, BRAILLE) UPON REQUES TITLE DATE RECEIVED TITLE DATE RECEIVED ,\.,- /'Y ACKNOWLEDGMENT GAMBLING PREMISES AUTHORIZATION I HEREBY GIVE CONSENT TO LOCAL LAW ENFORCEMENT OFFICERS, THE GAMBLING CONTROL BOARD, OR AGENT. OF THE BOARD, OR THE COMMISSIONER OF REVENUE OR PUBLIC SAFETY, OR AGENTS OF THE COMMISSIONERS TO ENTER THE PREMISES TO ENFORCE THE LAW. aANK RECORDS INFORMATION THE GAMBLING CONTROL BOARD IS AUTHORIZED TO INSPECT THE BANK RECORDS OF THE GAMBLING ACCOUNT WHENEVER NECESSARY TO FULFILL REQUIREMENTS OF CURRENT GAMBLING RULES AND STATUTES. I DECLARE THAT: . I HAVE READ THIS APPLICATION AND ALL INFORMATION SUBMITTED TO THE GAMBLING CONTROL BOARD; ALL INFORMATION IS TRUE, ACCURATE AND COMPLETE;; . ALL OTHER REQUIRED INFORMATION HAS BEEN FULLY DISCLOSED; I AM THE CHIEF EXECUTIVE OFFICER OF THE ORGANIZATION; I ASSUME FULL RESPONSIBILITY FOR THE FAIR AND LAWFUL OPERATION OF ALL GAMBLING ACTIVITIES TO BE CONDUCTED; . I WILL FAMILIARIZE MYSELF WITH THE LAWS OF MINNESOTA GOVERNING LAWFUL GAMBLING AND RULES OF THE GAMBLING CONTROL BOARD AND AGREE, IF ISSUED A PREMISES PERMIT, TO ABIDE THOSE LAWS AND RULES, INCLUDING AMENDMENTS TO THEM; . ANY CHANGES IN APPLICATION INFORMATION WILL BE SUBMITTED TO THE GAMBLING CONTROL BOARD. LOCAL UNIT OF GOVERNMENT WITHIN TEN DAYS OF THE CHANGE; . I UNDERSTAND THAT FAILURE TO PROVIDE REQUIRED INFORMATION OR PROVIDING FALSE OR MISLEADING INFORMATION MAY RESULT IN THE DENIAL OR REVOCATION OF THE PREMISES PERMIT. OFFICER DATE J-../ p~ 7''1 GOVERNMENT ACKNOWLE 1. THE CITY* MUST SIGN THIS IF THE GAMBLING PREMISES IS LOCATED WITHIN CITY LIMITS. 2. THE COUNTY** AND TOWNSHIP** MUST SIGN THIS APPLICATION IF THE GAMBLING PREMISES IS LOCATED WITHIN A TOWNSHIP. 3. FOR TOWNSHIPS THAT ARE UNORGANIZED OR UNINCORPORATED, THE COUNTY** IS REQUIRED TO ATTACH A LETTER TO THIS APPLICATION INDICATING THE TOWNSHIPS STATUS. 4. THE LOCAL UNIT OF GOVERNMENT (CITY OR COUNTY) MUST PASS A RESOLUTION SPECIFICALLY APPROVING OR DENYING THIS APPLICATION. S. A COPY OF THE LOCAL UNIT OF GOVERNMENT'S RESOLUTION APPROVING THIS APPLICATION MUST ATTACHED TO THIS APPLICATION. 6. IF THIS APPLICATION IS DENIED BY THE LOCAL UNIT OF GOVERNMENT, IT SHOULD NOT BE SUBMITTED TO THE GAMBLING CONTROL BOARD. TOWNSHIP: BY SIGNATURE BELOW, THE TOWNSHIP AC~~OWLEDGES THAT THE ORGANIZATION IS APPLYING FOR A PREMISES PERMIT WITHIN TOWNSHIP LIMITS. CITY* OR COUNTY** TOWNSHIP** CITY OR COUNTY NAME TOWNSHIP NAME SIGNATURE OF PERSON RECEIVING APPLICATION SIGNATURE OF PERSON RECEIVING APPLICATION REFER TO THE CHECKLIST FOR REQUIRED ATTACHMENTS MAIL TO: GAMBLING CONTROL BOARD 1711 W COUNTY RD B - SUITE 300 S ROSEVILLE, MN 55113 . , a I . . MAYOR Barb Brancel COUNCI L - Kristi Stover Rob Daugherty Daniel Lewis Bruce Benson CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 . (612) 474-3236 March 9, 1994 Mayor John Anderson City of Excelsior 339 Third street Excelsior, MN 55331 Dear John: I have received a copy of Mr. Zieman's letter to Chief Dick Young dated March 2, 1994. I am surprised Excelsior wants us to delay in initiating a part-time Shorewood Traffic Enforcement Specialist. Shorewood has been asking for more traffic enforcement for some time for specific neighborhoods. Chief Young has done what he can with the forces he has but during much of the time - we- ask for patrol (often commute time) officers are not available.- On November 30th, he met with the City Council and suggested the concept of a part-time traffic enforcement specialist to specifically address Shorewood's needs. Our Council felt this was a good plan and asked him to develop it further. He solidified this proposal in a memo to the Shorewood City Council on December 10th (enclosed). He reported this to the SLMPSD Coordinating Committee in January and has been working on details since then. John, this proposal will in no way have a "detrimental impact" on the other Joint Powers Agreement cities. In fact, it should be looked at in the same light as what had been done with Excelsior's Dock Master and_what is being done with Excelsior's Park Patrol, which have in fact been pulled from the formula. They are treated as special City needs and paid for directly by Excelsior. Our City Council feels this proposal is the most cost effective way to meet our needs which are over and above the basic service which can be offered by the Department. There will be no added cost to Excelsior or the other cities due to this proposal. A Residential Community on Lake Minnetonka's South Shore #/3;41 ~ r , .-.- ;". . -, !~:~. March 8, 1.994 Mayor Anderson Page Two We would like to move on this as quickly as possible. I1would like to suggest we get together with our administrators and Chief Young to further discuss any concerns you might have. I would suggest a meeting be held between 5:30 and 6:00 p.m. at the Police Department on one of the following days: March 15, 16, 21, or 23. Please let us know what would be convenient for you. sincerely, CITY OF SHOREWOOD I ,! . ~7 ;/fP!tlbC'k /"1911&0/ Barbara ~ Brancel Mayor . BJBjcl Enclosure cc: Council Members, City of Excelsior Mayor and Council Members, city of Greenwood Council Members, City of Shorewood Mayor and Council Members, City of Tonka Bay Chief Young Carl Zieman P.S. I am enclosing a copy of background research Chief Young has done for us. I hope you find this to be enlightening. . " . -; ",". I = 1_:1) ! Ii r.; ::' . ~:' 1 ~ - J ~ ~ - 4 4 -;- 7 i"! ,s, r- ::3: ,94 15 :34 r'lo. CIt)4 I -. - I l... k - '-- I . I" __ :"1 I I'j t.j E T ,=1 l'i; :.:: , '--- sourn: LAKE :MlNNETONKA PURue SAFETY DEPARTMENT 810 Excelsior Boulevard Excelsior, Minnesota 55331 RICHARD A. YOUNG Chic!' of Pulk'l: (612) 474-3261 K~MQRABn:Y~ To: City Administrator James C. Hurm Police Chief Richard A. Youn~ February 14, 1994 - ~ part Time Department Employees From~ Dates Subject t . As you had requested, I have researched the minutes of the Coordinating Committee for information on part time employees or employees hired to address a specific need of a particular city. I found that the only reference to such positions relates to the Excelsior Park Patrol. I have attached copies of all of the relevant minutes. A synopsis is listed below: 01/28/81 - Excelsior City Council had discussed the hiring. Excelsior had already budgeted $10,000 for the position. Chief had contacted the union. Teamsters skeptical that it might be used for other police duties in Excelsior. If that were the case, the union would have a problem with it. Chief gave this experimental concept his guarded support. . 09/22/81 - Excelsior City Council Member asked what effect the Park Patrol Officer had. Chief stated it allowed the regular officers to handle other calls instead of being down there all the time. Excelsior City Council Member stated it cost $9/000 and ri1ir:;;;;":fW;t~Yx~€~7~,~~~e~.e*si~^~~ ~_,~~_~e~~~:t~&~;;<~~,xE,.~~~!ti ~i'~~~lt~IIII~~~41i1~x_xx,,>>xm ,..~:;9a~.;i;;,~C:;;~~!;;EJtt1.;2~~~a~ 10/14/81 - Excelsior City Manager says cities should join together rather than having specialized projects. Greenwood Mayor felt Excelsior was right to try and avoid spot policing. Excelsior City Council Member though the Commons patrol had started to dismantle the department. Chief felt the same way. Excelsior Mayor says that next year will be the last for the Park Patrol. SCi'.'i."'...~' 5o~t.h L:J:..c.~ .~fiJu:c:,:_'~~~ (~onl7'.:..r::'[;'~.; .~/ E,;('{!J-j1.)l'. Gr~a;""'()()~ Shn'~-.4,.'{){)d :J.r,j TunJ.:i1 Bt;:-..' F' . C<2 - '-' . ~ i " l-, i [" l- I j ..i. j 'f I 'j C. : U I'll" h I ::.:.... ;'i C: . ~:' 1 _ - 4 I 4 - J -i I I t.'J,s.r""' ::: .' ';}4 ~:: ,SJ ;",JC. UIJJ. F'. G-5 , ;;'=;~tf~_ ~j!.."" .-........, .R. ..,.,.... ._=.. ".. .. cJ;~..B<!;f;.~;:it~ o(--..........M.....'".............~..'\... o'\~~~lOl.~........~_ .............~.n.~~..~)$oK~.. ..... 07/28/82 - Brief discussion of hiring extra officers for those cities that wanted to pay for it. Excelsior Mayor and Excelsior City Council Member state they want the Commons policed and that the situation is very good down there and they don't want it to chanqe. There is no further mention in the minutes. Apparently Excelsior changed their mind from the statement made by the Mayor on 10/14/81 and decided to continue the position. There never was any formal action by the Coordinating Committee. The position of Dockmaster, a sworn police officer to meet a specific Excelsior need, when established by Excelsior, was never ~ brought before the Coordinating Committee. . . . ~::_'TH ~:-:'fE i''iI~H:ETiJt'IfH TEL r.jo .r:.L-~:-c;-Ji:-- ;.94 15:34 No .004 P.04 t"1 ,So t' Minutes of Coordinating Con~ittGe meeting of January 28, 1981 Page 6 e Purchase personal body armor (bullet proof vest) for each person One additional holiday - total 11 Vacation - slight change - two ad- ditional steps: after ten years _ 140 hours; after IS years - 160 hours. The Chief also reported that Sgts. Hladky and Hodgdon will be negot- iating with Frank Kelly in the next couple of weeks on their salaries. It was moved by Froberg, seconded by Knapp, to adopt the union contract as presented. Motion carried unanimously. PART-TIME OFFICER STATUS - The Excelsior Citv Council has discussed the _iring of a part-time officer for policing the Commons on.an experi- ental basis during the summer of 1981. Chief Johnson reported the fol- lowing on the matter: The Chief has met with Frank Kelly and busi- ness agent, Larry Evans, of Teamsters Local 320, along with the de- partment union stewards regarding this matter. The City of Excelsior has appropriated $10,000 for a part-time officer for park patrol. It is to be funded by Excelsior; they wish to determine whether it is ef- fective, both from a cost stand-point and also an order/maintenance stand-point. The Excelsior Council has indicated that they would like to police the Commons seven days a week from May to September. The Chief stated that he felt that part-time officers should not be paid at the same rates or with the same benefits as the South Lake Minnetonka officers. Frank Kelly and Larry Evans agreed with this. Teamsters Local 320 was skeptical and had expressed concern that these officers might be used for other police duties in the City of Excelsior. Mr. Evans further stated that if this was the case, or that an employee worked for more than 100 days, there would be a problem from the union '-'and-point. The Chief stated that he feels very strongly regarding ~w well both the joint powers and the South La.ke Minnetonka Public Safety Department have operated. He further stated that he did not want to see smaller and separate entities for~ed.that might work to the detriment of the organization. The Chief stated that this experi- mental concept had his support but that he felt an experimental study such as this should be looked at very carefully. The Chief stated that the department would have responsibility for the hiring and screening of the applicants. Due to both the department's liability and the in- surance, the department should retain control. The Chief further stated that it has been his recommendation that only licensed oolice officers be employed in the position. The Chief remi;ded the Coordinating Com- mittee that the serious troublemakers on the Commons had no respect for an armed law enforcement officer so that it would be a mistake to employ those who do not have the powers to arrest. JAIL/BOOKING FEE - The Chief reported that during the latter part of 1980, the County of Hennepin decided to assess jail fees. Some depart- ments were abusing the system and it was felt that this was necessary. At first it was to be a daily charge of $7.50 per quarter cay. All cities had their budgets set and there was no input f~o~ the Police Chiefs O~ City ~lanagers. The Chief said :~a~ they (~~~nepi:~ County I I I i i I I i ~inutes of Coordinating Committee meeting held September. 22, 1981 / p-age 2 I I Ma~ 8,~j 1~:3j No.a04,p.OS various other items and the Chairman stated to the committee that if they do cut the budget that they understand that they don't yell at Earl and Marietta when the expenditures are over-budget. When asked what WOuld happen if we don't buy a car this year, the Chief stated that the next year we Would need three of them. The Chief stated that a lot of officers have como time to be Used and that one officer had OVer 600 hours of camp time"on the books when the Chief started. He said that the budget does not reflect the truc cost of operation of the department because of the comp time, and he also stated that most officers don't eVen turn in a lot of their overtime or camp time; that they are VOlunteering their services. He also stated that special community functions cost the department a lot of dollars. Brixius said that in the past, when some of the Communities have had a real budgetary prOblem, and there was no money for buying vehiCles, We did not bUdget for it and did not get them. These commillee members. . could not go back to their councils and ask for more money, but then two years down the line We were hit with bUYing three new cars. He said that if these communities now have their back against the wall, and can't Come up with the necessary funds, that all four will agree to it and all four Will know what will happen. The Chief stated that he does not want to lose manoower and that the deoartment can not afford to lose a man. He stated that personal services for the department are BO% whereas in most departments they are 85%. Knapp said he 'feels they are getting a bargain but that with four cities inVOlved, it should cost less than doing it themselves. Brixius said that each city has to develop its own priorities. He also said that we want a well-trained, prOfessional, well-regarded police department. He said that there Used to be a high level of pOlitics in the department and it was headlines in the newspapers every week, but that the committee agreed to send officers to the FBI Academy and want . this department to be a plaee for young people to come. Instead of cutting down dOllars, he said We Want to improve services. l<ll"PP said the department has done a tremendous jab but that they are trying to find ways to cut their city's spending. The Chairman said that BO% of the budget is lOcked in at 9~ (meaning the union contract). Froberg said it revolves around the fact of whether Or not we get a car, and if we go f~ 12.71% to 9% that means a car. Carl Weisser asked what eftect the park patrol had on the depH"tment this summer. The Chief said that it allowed the regular officers lo handle other calls instead of being down there all the time, but they still did go down to assist and help out whene~r needed. Weisser said it cost the ci ty $9, 000 for the .park patrol and they plan to pu t it in the next bu dge l. Froberg reminded the committee that in the past, the other three cities have offered to assist EXcelsior in the way of cash stipends for the park patrol with the understanding that it Would be a benefit to the other cities' The Chief Suggested that perhaps Excelsior could obtain funds from Some of the organizations putting on various events, SUch as the Fourth of July celebration, to help pay some of the costs. Brixius said that these were items that could be taken up during the department contract neg- otiations. ~ : i_: I.;.::~ i_ ~ (~ ~'''1 = :'-.j t..) E T ~:, ('-.J t., ~ I:: ~ ~. (I . r: ~ ~ - - -...: - ~..l ~ ~ ,',1 :. r- S ~ '04 1.S:.) 4, r"!:J. (1 (: J F'. I.:.;~: ~nutes of Coordinating Co~~ittee meeting held September 22, 1981 / Page 3 Charlie Thomson said he wanted to commend the Chief for upgrading the department personnel. The Chief said he wanted the department to be productive and he now has the personnel that will do it. lIe said that he would like to replace the youth officer but knows that we can't do it; that this is a bare bones budget (12.71%) and this is what it will take to continue the present operation. . Rascop said he could probably sell 10% to his council but not 12% and would like to see Shorewood1s share come down to $255,000. Brixius said that Greenwood would live with whatever Excelsior and Shorewood could do. Brixius did some figuring with the calculator and said that in order to do that, Excelsiorls share would corne down about $3,400, Greenwood would pay about $48,346 and that Tonka Bay would be cut about $2,200; Greenwoodls would be cut about $1100, for a total of about $13,000 cut. Brixius reminded the cOIT~ittee that a year from now their successors could be in bad shape. Rascop said that this was over a 10% increase and thinks the Chief should be happy with that. When queried as to the present number of officers and its adequacy, the Chief stated that the department has 12 officers, including himself and the sergeants, and that it is adequate. He would like to have a juvenile position but knows that that is not possible so is cross-training some of the officers for that. He said that if we would have to cut personnel, there would be no investigations and all weld be able to do is cover the street. . Knapp said that at an area mayors' meeting, the Hennepin County Sheriff had stated that he does not have the manpower to handle small things, but that anything of a serious or felonious nature, the county would be happy to help. Chief Johnson said that it is very important to have an in- vestigative unit in a department rather than being just a report-taking organization. He also stated that many studies point to this department as a model, to aim for, and that no depart~ent should have less than 10 ~Jff.icers. ' As to the CSO program (Community service Officer), Knapp said that Ex- celsior has decided not to go with it, but the other three communities said they were very much in favor of it. It was the concensus of opinion that Excelsior would pay for their park patrol, and Greenwood, Shorewood and Tonka Bay would have the CSO program, keeping in mind that Excelsior will get some benefit from the CSO but would not participate in the dog portion of the program. Rascop said he will have a council mee~ing on Monday and Brixius asked that Rascop call the Greenwood clerk as .to Shorewood's decision in the matter. Chief Johnson stated that he would like the Youth Explorer Program as outlined in the budget. He said that the officers will donate the time for it. '=. i .-;. . ;} ~ ~ _' ..).:...;. i '~U . 1...1 1,_: .:...:. ; . 1....1 I " MINUTES SOUTH LAKE MINNETONKA PUBLIC SAFETY DEPART~NT October 14, 1981 Minutes of the regular meeting of the Coordinating Committee of the South Lake Minnetonka Public Safety Department held at the Shorewood Cou~cil Chambers, 5755 Country Club Road, Shorewood, on October 14, 1981 at 7:30 p.m. The meeting was called to order by Chairman Brixius at 7:38 p.m. Other members present were Froberg, Knapp and Rascop. Chief Johnson and Adm. Clerk Korpi were also present. APPROVE MINUTES - It was moved by Froberg, seconded by Knapp, to approve the minutes of the July 8, 1981 and September 22, 1981 meetings. Motion carried unanimously_ VERIFIEDS - It was moved by Knapp, seconded by r.roberg, to approve the following verified accounts: August, 1981 - $28,874.59 September, 1981 - 25,402.72 October, 1981 26,882.28. . Motion carried unanimously. l"INi\NCIAL STATUS - 'fhe budget had been discussed very thoroughly at the September 22, 1981 budget meeting and the quarterly review was just an up-date from ~~at meeting to the end of the oalendar quarter. It was noted that the overall budget was within the range of what it should be. MONTHLY ACTIVIT2 REPORTS - The activity reports for July, August and September were reviewed with the Chief noting that reserve hours vary p~riodically with the number of reserve persons currently on staff and also because some of our members are in college nine months of the year and do not participate a great deal during that time. The Chief also pointed out the fact the DWl arrests have tripled and quadrupled during . the last few months and that this is due mainly to the fact that the personnel have been directed in that area and it is also a part of the overall accident reduction program. HENNEPIN COUNTY MUTUAL AID PACT - Chief Johnson stated that in the event of an emergency or disaster in the area, a designated person would have to activate L~e Joint Powers Agreement. He requested that a letter be sent to Donald Omodt, the Hennepin County Sheriff, naming himself as the person to activate the agreement and one of the mayors named as an al- ternate. It was the concensus that in the event of an emergency, the Chief would be called to the scene anyway, so would be the likely person to activate the agreement. Chairman Brixius requested Chief Johnson to prepare the letter naming himself as the person to activate the agree- ment and he (Brixius) would sign it. CSO PROGRAM and FOOT PATROL J\T COI1MONS - A letter had been received by the department from Tim Ma.di.gan~'{celsior City ~1anager, dated October 5, 1981 relative to the CSO progra~ and the foot patroJ. Mr. Madigan . : Ij U j ri L i-' >:. i'lll 1',i t,) 1:. ii_, I'j f H TEL;i:). ~: 1 :: - .4 (' 4 - J J 7' (' Mar 3.94 15:34 Nc.OO.4 P.GS Minutes of Coordinating Committee meeting of October 14, 1981 Page :2 was in the audience and stated the Excelsior City Council felt that all of the cities should join together on projects rather than Ex- celsior having a certain specialized project and other communities having other specialized projects. Chairman Brixius stated that he wished they would have had this information before the department's budget meeting on September 22, 1981. Per the proposal at that meet- ing for a CSO program, Greenwood did allocate the money for that pro- gram but Shorewood did not. Rascop said they decided that their share of $14,000 was too big a chunk, that they are paying MAPSI $3,600 a year and that they didn't know how much of this program would be for dogs and how much for public service. He said that they do have a real dog problem and would like to know how much emphasis would be put on dogs and how much on errands. Brixius said tha~ there could be a stipulation that only a certain percentage, say - 10%, be spent on errands. i ~ Chief Johnson responded by saying that without any q~estion, the dogs had to be the number one priority for as long as it took to get it under control - if it took six months or a year, that is where the em- phasis would be. He said that what you would really be getting with a Community Service Officer is someone to handle not only dogs, but all nuisances; it is someone that gets paid much less per hour to handle routine items. Rascop said that when the figure for the CSO was $4,000 to $7,000, it was ok, but not at $14,000. H~ said that the police portion of Shore- wood's budget is the largest single item - about 33%. They checked back in previous budgets and it has been as high as 40%. Shorewood has done some research and found that other cities are paying about 20% for their police departments. He said the only thing they could see doing would be to cut people and certainly could not justify adding another perso: ~ Brixius stated that he felt Excelsior took a step in the right direction in trying to avoid spot policing. Knapp said that Excelsior felt that if they would put their money for the foot patrol into the department, then everyone could share in the Commons detail. I,n turn, Excelsior would go along with the CSO program to try to'work with the other cities in the overall picture. He emphasized that Excelsior does not have a dog prob- lem but would go along with the CSO program and in turn would like the cities to participate in their foot patrol of the Commons. Brixius asked RasCOp if it would do any good to bring thi~ ~~oposal up to the Shorewood council again and perhaps have the Chief there to explain the program. RaSCOp said it would be tough. He said the letter from Ex- celsior did not swing anybody, .and it is strictly a dollar matter. He said that Shorewood wants the service and have a good police depar.tment. lie also didn't know what would be happening with the 1983 budget as we don't have anything in the '82 budget for cars so will have to buy several in '83, plus the normal increases and then probably the CSO program. Brixius said not to sDeculate too much as we will work with tl1B services we need with whatever" services and dollars are available. - '- . "-, - 1'11-,. \.,.\-....,. I . '....' ~' Minutes of Coordinating Committee meeting of october 14, 1981 Page 3 Froberg said that Tonka Bay is getting a lot better service out of MAPSI than before. He said that the person assigned to take care of their calls is a very conscientious person and doing a much better job than previously, and that their present needs are being taken care of. .Tonka Bay has budgeted $3,000 for a dog catcher; if they went with the proposal .that Exce~sior made, bhey would need another $2,000. Froberg said that the funds could probably be made available if ther~ would be an appreciable benefit to Tonka Bay. He said that approval is not automatic at this point and it would have to be shown what the CSO would be doing for Tonka Bay. Rascop stated that since July the MAPS! service has improved dramatically. Brixius asked the group if it was their consensus to table the matter for this year. Rascop said that one of his council members had stated that he felt there was some obligation on the police department in dealing with dogs, and also some legal obligation. Chief Johnson said that indeed there was obligation on the police department insofar as o.rdinances and state . statutes define. The of~icers do respond to dog bites and take care of first a~d in regard thereto and also write citations where applicable. However, the officers do not pick up dogs and put them in the car. Chief Johnson hooed that the councilman that ouestioned this matter did not think the officers should be dog catche~s and transport dogs. He went on to say that one department that had been transporting dogs, subsequently had a person with an open wound in the vehicle, the wound became infected because .of dog hairs and t.i1ere was a big law suit. The officers do wri te citations for dogs at large, no license, etc. Sgt. Hodgdon stated that many people will pay the fine but will not corne in and buy a license and there is no way to make them buy a license. Some people have been ticketed many times and would rather pay the fine than buy a license. The Chief stated that a CSO would follow up and encourage the people to buy a lic- ense. He also said that a CSO is like a para-professional, such as para- legals in a lawyers office, etc. Brixius said that if we say the police department has. legality in this issue, but we don't fund personnel to dO. it, we can't be critical. Sgt. Hodgdon said that we can write the citat but we don't have any place to impound the dog. ~~PSI charges about $80 to come for a special pickup so we only call in the case of an emergency. If there was a CSO and a place to impound the dogs, the dog would not be released until a license had been purchased. Chief Johnson stated that the hours of the CSO would be rotated and not be a strictly daytime, Mon- day through Friday job. He also said that Brooklyn Park now has 12 CSOs, other cities have many. and a department of this size should have at least on, STUDY OF SLMPSD BY OUTSIDE FIRM - Brixius stated that the Lemaining por- tion of the Excelsior Manager's letter had to do with the City of Excelsior expending $2,500 for an independent study of the police department. Fro- berg asked if the $2,500 was an arbitrary figure or a preliminar~ one. Manager Madigan stated that it was sort of an arbitrary figure. The coun- cil knows that for that kind of money they are not going to get a complete study of the policy department. However, it is the largest single item in their budget and it should be looked at. The contract for the depart- ment is coming up for rene't'lal soon anc the Excelsior Council had questions. It should be channeled in a manner to be very objective and eventually answer everyone's concerns, but can ~ot look to the outside for a~swcrs to qL:estio:1s.. ,_.i),: H L H f< I:. ["l].' ',\1 r'.II:. I' i_I [\It".. ,c. - 1 - f... i~~ NO .t_~-j~J-jJ~7 Mar 8.9J 15:3J No.GOJ P.10 Minutes of Coordinating Committee meeting of October 14, 1981 Page 4 Froberg stated that his council was receptive to the theory but would question where an outside, independent consultant could be found that would be qualified to do the job. Their consideration was that if a competent organization could be found to perform a survey for this price, Tonka Bay would be in favor of something like that, but it wants to be assured that the organization doing the survey would be an or- ganization we could put some confidence in. Rascop stated that Shore- wood had planned on doing research on their own. They have the same questions as to who would be doing the study. Shorewood does not want a study of the effectiveness of the police depar~~ent; they want it limited to the administration and organization of the department. Rascop stated that we have a good department and it functions well; what his council is concerned about is the organization and administration of it. Knapp said that the reason they thought of it is that Cy Smythe does . this in regards to labor and maybe somebody could do it in connection with the department. Madigan said that if the committee is receptive to the concept, that they would have to do two basic things. 1. Identify someone to do it: Chiefs of police Association, University of Minnesota's Center for Urban Af- fairs, or someone that has a great deal of credibility. 2. Refinement. $2,500 is not going to buy a complete study of the police department. There is no question as to the effectiveness of the police dcpartment. What has to be decided is what questions do you want these people to look at.. Brixius said that his initial response to the idea of a study in general is that he is in favor of that type of approach as we all have something new to learn. His response, however, is negative to the proposal. He said that since 1973 h~ has been on the Coordinating committee, there have . been three chiefs, that he has been on many committees and is familiar with many othcrs, such as LEAA, Governor's Crime Commission, Hennepin County Criminal Justice system, etc. He said that this department is a trailblazer for this type of organization and that nationwide! others are pointing to this organization as this is the way it should be done. He doesn't think that there are very many organizations like this around, and if there are some! they have not been around as long as this one. A lot of research has gone into the making of the formula, such as density! roads traveled, assessed valuation, population, etc. The committee has given more power to the chief to get away from weekly and monthly meetings and have given the administration of the department to the chief. If this depar~~ent is so unique that people are looking to us, Brixius doesn't want the study. Chief Johnson stated that he would have 1..0 know what the council was looking for. He said that a recent study by the Hennepin County Criminal Justice Council points to our department as the pinnacle and the way that it should be done: have at least a ten man department, consolidatc, etc. This department was thc first in the state and the way to go. It comes down to - what do you want to study? Charlie Thomson stat:ed that as a council, Excelsior is net studying pol- ici~g, b~t it ~s ~ore a political science. It is four cities together .. . ., t .... " .,.-:"::l, gp s.-::,.i~ .L.l_r~'~ ana eacn wa~t to cont~lDU e ana oD~ain ~ncir fair sha_~. "- .-- ~ 1'_1. -..'.l.. _ --~--;-- ~ .;.....:..;. r I ~!6r- :.~~ i~:.:;4 NQ.CiG4 F'.ll Minutes of Coordinating Conrrnittee of October 14, 1981 Page 5 Excelsior council bought the Commons patrol this last summer and that started to dismantle the department and that is where the study ,is coming from. He also questioned that SLMPSD is a trailblazer in joint powers. The Chairman said that in terms of pOlice department joint .powers, this is a trailblazer. The main thing the committee is talking about is the formula for distribution to the communities; nobody is talking about effectiveness. lIe said that all the cities know they can't do the job any' cheaper themselves and just have to decide on the formula. He said that previously, when discussing the formula, it has been a com- promise situation as to density, assessed valuation, etc. and that there has been give and taking involving all cities. He also said that with ver: few exceptions, all issues of the department voted on have been passed by unanimous \'fote. Chief Johnson said he agreed with Thomson in that Excelsior,footing the bill for the Commons is a break-away and, as he has stated at other Co- ordinating Committee meetings and council meetings, he does not want t~ see that happen. He also stated that what impressed him when he became~ chief of this organization was that all things were passed by unanimous vote and this group gets along; he has seen many organizations destroyed because people could not get along. . Brixius said that if the study would get more j.nforrnation to the council people as to why things are a certain way, he is in favor of it. He said that Greenwood is. paying more than it should, but will do it to make the organi zation go. The dog program is more than Greenwood should pay, but they will do it to make it go. He feels that SLMPSD needs a CSO. He said the $7,000 (for foot patrol at Commons) should be a cost of the department, and whatever it takes to get the other three to do it, should be done. Knapp suggested having all four councils come to a meeting to discuss con- tract ..n~gotiations and formula. Tho Chairman said that the mayor has . always been charged with the responsibility of explaining the actions 0 the Coordinating Committee to his counci 1 and hopefully advocating and explaining why. If the council doesn't agree, then the mayor comes back to the committee. Y~app and Rascop agreed that it would be good to have the councils present at a meeting. Bri~dus said that if that would help then do it. Preliminary to the meeting, however, he asked the Adminis- trative Clerk to send him copies of minutes preceding the execution of the other two contracts the department ha.d. After perusing them, perhaps something could be sent out to each council member prior to a meeting. The Chairman also stated that there was a change in the power of the chief. Between Chief Remus and Chief Davis a large amount of the administrative power was given to the chief and taken away from the Coordi.nating Committee. Knapp queried whether or not Shorewood should contract with l-10und to pOlice the island. Froberg felt that as long as Shorewood is participating, this department is obligated to give them service for the entire city. Rascop said it would make sense to contract with either Mound or Minnetrista, and that they actually border on Minnetrista. He said it would change the formula as 15% of the assessed valuation is on the island but only 4% of Lhe population. ) I" , .- - -- (...I"'"'!j'-.-.~ :'I.1~-'JI'Ir:.1 Ur'H..ii I c.L ['.'1(1 .t:,l_-4j'4-JJ~; Mar 8,94 15:34 No .004 P.ll Minutes of Coordinating Co~nittee meeting of October 14, 1981 Page 6 Chief Johnson said that when Maple Plain and Independence decided to form,into a merged department, it was our formula that they felt was the formula they should adopt. The Chief volunteered to check around the country and with the International Association of Chiefs of Police and see what other formulas there might be. Chief 0ohnson stated that he would like to work on the formula as soon as possible and get the contract settled soon. Froberg wondered if there should be a meeting with the council people at a regular meeting of the Coordinating Com- mitte when there is a full agenda, or should there be a special meeting. Brixius said to make it a part of the next regular meeting, unless there would be something unusual at that meeting; then it could be a special. Froberg would like some preparation before that meeting - such as minutes sent out shortly before the meeting, etc. EXPLORER PROGRAL'1 - Rascop had made a motion at the Shorewood council ~eeting to support the BOy Scout program. Gary Larson, the city attorney, said that there might be a conflict if the city contributed money to this program. Therefore, it died for lack of a second. He said that Shorewood still has equipment left over from other Boy Scout programs and would be willing to contribute that equipment. Chief Johnson said that the Ex- plorer Scouts have nothing to do with the Boy Scouts. He said these are kids older than scouts, they are up to 21 years old. They are ready to go into law enforcement. They would go door to door on crime prevention, wash squads, etc. The officers donate the time to work with them and they would be a benefit to the department. They are just like the re- serves. There is no way to put a dollar figure on them as they put so much into the organization. Once officers get them riding in the squads, working out in the gym, and various other things, it changes the kids. They are kids who will work as para-professionals, with no arrest powers. Rascop requested that the chief send a letter to Gary Larson as to the above ~SIGNATION OF OF:ICER - Chief Johnson advised ~he.committce that Vern . ~ndemann has res~gned from the department and ~s 1n the photography bUS1- ness in Mound. As to the detective slot, he is at this time rotating per- sonnel and will eventually assign someone to the position. He said he is also in the process of recruiting a new officer. RESERVE BANQUET - Chief Johnson stated that the last couple of years there has been a Reserve Appreciation Banquet. He said that last year the cities of Excelsior, Greenwood and Tanka Bay contributing $125 each towards this banquet and Shorewood contributed $200, and he would request that the same thing be done again this year. It was moved by Froberg, seconded by Kn.app, that the Chief be authorized to set up a dinner for the reserve of- ficers. Motion carried unanimously. EM){ ASSOCIATION - The Chief advised the committee the BMX Association ha.d one of our old squads repainted and fixed up for the reserves, as a way of saying ~thank you" to the reserves for working so diligently with the BMX Association. CSO and FOOT PATROL - Froberg stated that Tonka B~y was ::;yrnpathetic to the situation at the Commons and would be receptive to the patrol. He said , ., '-'" - I I -I. I -j If L- I I_I I 'I j'.,. n I C. L.. /"j U . 0 1..;.. _.~., 4 :1,J """'..... I I ~..Ia.r 8,94 15:3J No.004 P.13 Minutes of Coordinating Commlltee meeting of October 14, 1981 Page 7 that Tonka Bay encourages the .department to maintain th~ foot patrol to be as effective as possible. In response to personnel on patrol, Chief Johnson said that the officers at the Commons are reserve officers in training to become regular officers and are waiting to be certified by F.O.S.T. Knapp said they have allocated money for the Commons for next year but that it will be the last year they will do that. Charlie Thom- son said that Chief Johnson selected excellent people for the job and they had done a good job; they had also helped in controlling traffic at the Commons. Froberg said there should be some sort of formula es- tablished to contribute to the foot patrol. ADJOURNMENT - It was moved by Knapp, seconded by Froberg, to adjourn the meeting. Motion carried unanimously. Meeting adjourned at 9:10 p.m. . . '-' ,~. i;""1 L H i. ::. 1'1 J. I'j 1"'1 Co I Ij I"'j r" Hit. L i"'j iJ . t) 1 ...: - 4 I 4 - 4 ~ " I Mar 8.9J 15:3J No.004 P.14 Minutes of Coor.dinating Committee meeting of July 28, 1982 Pagl::! 2 Rascop said that they passed a resolution at the Shorewood council meeting with a budget amount of $500,000 with the same percentages as stated above and for a one year period with the understanding that during that year, the formula could be again worked on for a more equitable basis. He felt that the formula should be based on usage and time spent in each city. Before coming to the meeting, Rascop' polled the members of his council by telephone and they said they would approve a five year agreement if there was a limi~ation on the budget. Knapp said they had a special meeting Monday night to discuss the matter and they invited Chief Johnson to the meeting to discuss costs, etc.' Excelsior approved the percentages and would like to have it go Lor five year::;. . In response to Jan Haugen ',s query about a particular ci ty not being able to meet their financial obligation, Froberg said that if Tonka Bay needed anotber officer, they would hire one but he would not go into the city that did not meet their financial obligation; that if three cities wanted an additional officer, he would go into those cities but not the one that did not pay for it, just as Excelsior now has their park patrol officers and they do not go into the other cities. Carl Weisser said that the police department is an excellent one and i~ doing a good job, but this method would force the communities that want more service to go out on tangents. He said it's possible Shorewood doesn't want the level of service the other cities want. Rascop said that is not so; that they are trying to make two points. He felt they should be able to set the budget and dictate how many dollars are spent for the police budget. Shorewood feels they are not getting . their porportionate share of service. The activi ty calls show 'that both Excelsior and Shorewood have 38% of the calls - just a fraction of difference between them, yet Shorewood pays 47% of the budget. 11c said they don't want any less service, but they want to pay their proportionate share; they want equality. Froberg said that Shorewood has a levy limitation and when it com8~ to budget, it has been Shorewood that has been the governing factor as to what the police budget was set at. Jan Haugen said that under the new proposal, both Excelsior and Shorc- wood would have $500,000 left to run the balance of their respective cities on, and that Shorewood has blice as many people as Excelsior and three times as many roaus. Jerry Johnson said that the present formula is fair as it recognizes density, assessed valuation, number of miles and population. He said he recognizes that the police and fire departments are like an in- surance policy but just because there are no fires, you don't s811 the trucks. Rather than looking at percentages, he suggested a per capita I It..::. I .;.;' ,:J4 .L..:;. ,)~ I'lU .I.JU':'+ r. 1.:J I"Minutes of Coordinating Committee meeting of July 28, 1982 page 5 Chief Johnson said to be aware that when combining these two positions, there will not be the same kind of service there now is on the Commons. There was general discussion as to a place to house the dogs picked up, uniform ordinances for all cities, not enough clerical help and funding the CSO from other line items in the cities' budgets. Jerry Johnson said that picking up dogs crca~es a multituue of head- aches. He said that the mayors have been very cooperative and that now Shorewood should show how good their intentions are and give a little. He said that nobody is ready to trade a trained officer for a CSO and that chasing dogs is not for the police department. He said that we have a system that works now and it shouldn't be changed. .Also, there are other ordinances on the books that the police don't get in- volved in. Brixius agreed and said that yo~ can't cut the budget and increase the service, to which Froberg agreed. Tim Madigan said that the committee has agreed on a five year contract~ have agreed on the formula, have agreed on the basic language modifi- cations/ to which you can shake hands arrd pat yourselves on the bacK. Now put something in the contract that the CSO officer will be a part of it but that the method of funding will be determined at budget time. Thomson and Knapp both stated that they want the Co~nons policed and D~at the situation is veri good down there now and they don't want it to change. 4. It was moved-by Rascop, seconded by Brixius, to include the CSO (Community Service Officer) in th~ contract with a sep- arate budget to be negotiated by the cities at budget time. Motion carried unanimously. There was discussion as to a city ceasing to exist by merger or ac- quistion and its withdrawing from the group without penalty, and that the financial obligations are extinguished as of the effective date of dissolvernent of the corporate identity. Also; there are no pro- visions for any city tha~ ceases to exist to obtain any assets of the depar tmen t. . 5. It was moved by Brixius, seconded by Rascop, that any muni- cipality that is a member of this agreement will be released from any financial obligations under the agreement upon the date that it ceases to be a separate corporation under the laws of the State of Minnesota. Motion carried unanimously. It was moved by Knapp, seconded by Rascop, that a new agreement be drawn similar to the present one but with the above changes, to cover the period of January 1, 1983 to December 31, 1987. Motion carried unanimous ly . It was moved by Brixius, seconded by Knapp, to adjourn the me~ting. Motion carried uncwimously. Meetins adjourned at 9:30 p.m. SOUTH LAKE MINNETONKA PUBLIC SAFElY DEPART'.MENT 810 E.xcelsior Boulevard Excelsior, Minnesota 55331 r~.~~;R - ...~: RlCHARD A. YOUNG Chief of Police (612) 474-3261 HEMORANDIlM To: City Administrator James C. Hur.m (C(0)[p1f From: Police Chief Richard A. Young Date: February 14r 1994 Subject: Part Time Traffic Enforcement Specialist - UPDATE . I was finally able to talk to the union representative early this week. He is very busy with labor negotiations at this time of year apparently. The union has asked that, should this position be established, as proposed, it be a .part of the bargaining unit. That means the union would want to bargain the wages, hours and working conditions for the position. . Given this, there are several alternatives available. Obviously, the first option would be to do nothing. But, that does not help solve the problem. Secondly, the position could be established and held to 14 hours per week. This is the threshold at which the position is considered an employee for such things as labor union representation. As I mentioned in my previous memorandum, I really do not recommend the position for less hours than originally proposed. However, even though it would reduce the number of hours by 25% or better, it is an option the city may wish to consider. LastlYr the position may be bargained in labor negotiations. The current year negotiations are in progress at this time. I would prefer to wait until the basic contract is settled before addressing this issue. However, if the city wanted to start the position immediately, the position could be started at the 14 hour threshold and there would still be time in which to negotiate with the union. Should those negotiations produce results unfavorable to the cieYr the position could be held.to 14 hours or eliminated entirely at that time. It would still have given some time in which to evaluate the program. Of these three options, I would recommend this last option. The union did ask me to ask the city if they might rather consider adding a full time employee to accomplish this same purpose. Their argument was that a position dedicated strictly to traffic enforcement would pay for itself. The obj ect of this current proposal is neighborhood oriented. I get the imoression from the City Council that they really do not care if the officer ever wrote a ticket I if the violations were no"C. there. The idea was to provide an active t=affic law enforcement presence in neighborhood Scr....~; Sc:.:.:.h L~ Jfi..-*r..c:.orJ.:.a COTrwT.urJ..rie.s oj E:::.c=!si.cr, G...~::r:wood., s,;....D,.~,.<.IOOc!. :.:.r...d TorJ.:.:: Bey .~/"7 It 7 rr J.. c-- areas. I explained this to the union representatives. However, . they ask that I present. to the City of Shorewood some facts ~rom our traffic grant which endeda.short time ago. During 875 hours of this dedicated traffic grant patrol in the 1992 grant year, the officers wrote 550 speeding citations alone. There were numerous other citation also issued. The city receives a minimum of $45.00 from each of those citations. Just on speeding citations alone, the officers averaged a minimum of $28.28 per hour in revenue to the city. If the proposed officer worked the 19 hours per week in the neighborhood problem areas and was allowed to work 21 hours in other traffic enforcement areas, it is estimated that the officer would bring in a bare minimum of $30,888. If added to the $12,000 the city would spend for the other program, this would more than pay for a new starting traffic officer. It was also mentioned the other cities might want to consider using, and paying for, such a traffic officer position. I ~old the union I would pass this along to the city. I know it would be very difficult to justify a position based on income derived from traffic tickets, but it is true that it would be done. Please advise the City Council of these developments and give me some direction. As you know, this was brought up to the Coordinating Committee at the January meeting and there was no . objection to proceeding. . F:3-2!-1994 02:25 P,fJl CITY OF EX.CELSIOR 3::19 Tlo4IAC STREET 5XC~I..SICA. MINNESOTA 553:;1 TEl.E: 812-740S2:I:1 March 2, 1994 . Richard Young, Chief South Lake Minnetonka Public Safety Department 810 E:ccelsior Boulevard Excelsior, ~ 55331 Dear Rick: As you were aware, the Excelsior City Council discussed Shorewood's proposal to have South Lake i\finnetonka Public Safety Department add a part-time officer to patrol problem traffic areas in Shorewood at their \Vork Session meeting or February 28, 1994 After discussing the ramifications, effects and impact this could have on all the Jomt Power Agreement cities, CounCllmembers directed me to notify you in writing that E~celsior opposes Shorewood's proposal as it has been presented as it possibily could have a detrimental impact to all of the other Joint Power Agreement cities. . The Ccunci1 further requested that no further action en this item be taken until it can be discussed in more detail by all cities involved at the next Coordinating Committee meeting. Would you please see that this item is placed on the next agenda. If you have any questions regarding this please contact me. Sincerely, - {{d City ~fanager CZ;cj CC: Mayor and Councilmembers, City of Excelsior rrfavor and CounciJmembers, City of Greenwood " . ~fayor and COilllcilmembers, City of Sborewocd ?YIavor and Co un cil rn embers. City or Tonk:a Bav J . 4 " *1-3i4~ SOUTH LAKE MINNETONKA PUBLIC SAFElY DEPAR'lMENT^. 810 Excelsior Boulevard Excelsior, Minnesota 55331 RICHARD A. YOUNG Chief of Police (612) 474-3261 HEHORANDUII To: Shorewood City Council Chief Richard A. YOu~ December 10, 19930 From: Date: Subject: Part Time Traffic Enforcement Specialist . At our meeting of November 30, 1993 you asked me to come up with some costs for hiring a part time traffic enforcement specialist to strictly work traffic complaint areas in the City of Shorewood. At this time my best estimate for such a position is $12,000 annually based on 19 hours per week. I am proposing a part time pay schedule as follows: o - 6 months 6 months - 1 year 1 year - 2 years 2 years - 3 years 3 years - $8.50/hr $8.74/hr $8.86/hr $9.22/hr $9.58/hr . This is a blend of our current full time and part time salary structures. It includes no benefits or other costs. The part time base of 19 hours was done because at 20 hours per week we are required to offer single health insurance totally at our cost. This would add $1,896 to $2,244 annually, based on 1994 rates, depending on which plan the employee selected. Mandated costs to be added to the above rates are: P.E.R.A. Medicaid Workers Compo 11.4% 1.45% 4.0% The Coordinating Committee requires an additional 5% on the total to cover costs such as the automobile, gasoline and clerical support. Additional costs at start-up would be the costs of hiring including medical and psychological exams. Once hired, there will be start-up costs for uniforms and field officer training. The department has a forfeited weapon the employee could use if they did not have one of their own. Once employed the recurring costs, other than wage related, would be extremely minor for such items as uniform replacement. However, the employee would not be able to work at their primary tasks 19 hours per week. In order to maintain their peace officer license, they would have to attend 16 hours of P.D.S.T. approved training per year, some of which must be in specified areas. This is really Serving South Lake MinneEonkJJ Communities of Excelsior, Greenwood, Shorewood and Tonka Bay no problem as all of our officers must do this. The employee would also have to meet our firearms training requirements which take about eight hours per year. These "costs" would not be monetary, but rather taken out of the available 19 hours per week. Therefore, of a possible 988 hours per year, the employee would have to spend at least 24 hours in training. The only other item which would reduce the time available for traffic enforcement would be court appearances. There is no way to accurately predict what this might be. However, if there was a lot , it would also mean the employee was doing a lot of work. Given all of the above, I estimate the costs to rUn about $12,000 per year which includes all start up and recurring costs. Obviously, as the years go by, this will increase in proportion to the normal annual wage increases. At this time I have not talked to the union about the possibility of this position becoming a reality. Their contract could require . us to go to arbitration on the issue as to whether or not this position should be included in the bargaining unit. Even if that happened, costs would be a bargainable issue. If the costs then turned out to be too high, the position could be eliminated immediately. If the City of Shorewood would like to further consider the creation of this position now that the costs are known, I will contact the union to discuss their position. If created, I would propose to work the employee in the neighborhood problem areas as defined by the City of Shorewood or by complaints this office receives. A sample of how I would see the position being scheduled is shown below for one week. Monday 0600 - 0900 1600 - 1800 0600 - 0800 1400 - 1700 1600 - 1900 0600 - 0900 1500 - 1800 Cajed & Beverly Shorewood Oaks Near Mountain Blvd. Vine Hill Cajed & Beverly Old Market Road Excelsior Blvd. Speed/stop sign Speed/stop signs Stop sign Speed Speed/stop sign Speed Speed . Tuesday Wednesday Thursday Friday This is just an example. Because I think the main problems are with weekday traffic during the daily rush hours, most of the time the employee would have weekends off. However, they could be scheduled for weekends or at different times based upon the complaints received. I would propose preparing a monthly schedule for the employee which would be sent to the City of Shorewood for their information and input. The schedule would be tentative and could be changed based on complaints received by the city or this office during the month. I would also propose preparing a quarterly report to the City of Shorewood showing the citations and warnings issued by the employee by date, time, offense and location. ---'" ." . . The City of Shorewood could look at reducing the hours for the position to save costs, but the fixed costs would remain the same and, therefore, increase in percentage of total costs. It also might make it more difficult to fill the position. Less time might also reduce the intended effectiveness of the position. I would expect to have no trouble filling such a position. However, to be up front with the city, I would expect to have a relatively high rate of turnover in the position. I would expect the position to be filled by someone breaking into law enforcement who would leave when another full time law enforcement position was offered to them. This would keep the position on the low end of the salary scale but any savings would be lost with new initial costs. All in all, I would expect the costs to remain stable at the $12,000 figure, as adjusted for normal annual inflationary increases. I really think this is the best answer to the traffic complaints received by the city. Such a position would be required to dedicate all of their time to this single endeavor. Please let me know if you have any questions or require further information. I will respond promptly. I look forward to working with you to provide the best law enforcement services possible to the citizens of Shorewood. SURVEY TAKEN 3/10/94 City Adopted Resolution in Support opposition Comments Deephaven Undecided Excelsior x Greenwood Leaning fore?) Minnetrista X Minnetonka Undecided Minnetonka Beach Leaning in Favor . Mound X Orono X Shorewood Undecided Spring Park X Tonka Bay Undecided Victoria Neutral, don't intend to take action Wayzata X Woodland X . JH/tln 31094.3 1It/38 .-':iN 8 is:;.' LAKE MINNETONKA CONSERVATION DISTRICT MEMORANDUM TO: U1CD MEMBER CITIES FROM: BILL JOHNSTONE, CHAIR OF LMCD RE: LMCD DISSOLUTION RESOLUTION DATE: JANUARY 14, 1994 As many of you know, the cities of Orono and Spring Park have passed resolutions requesting the dissolution of the LMCD. Several other me~ber cities have expressed, either formally or informally, their support for the continuation of the LMCD. Under the LMCD's enabling legislation, Minnesota Statutes, section 103B.605, Subd. 4, the LMCD "may be .dissolved by a decision of the governing bodies of three- quarters of the municipalities in the district." The LMCD consists of 14 member cities. The Board of the LMCD believes that the question of dissolution needs to be resolved. continuing uncertainty with respect to this issue serves no important purpose and impairs the LMCD's ability to carry-out its responsibilities. If the requisite number of member cities believe that . dissolution is appropriate, then the decision should be made and alternative arrangements for management of the lake should be developed and implemented with appropriate legislative approval. Alternatively, if the requisite number of member cities do not favor dissolution, the Board believes that this decision should be made formally and documented. . Members of the Board of the LMCD have discussed the issue of dissolution-with their respective member cities and other interested persons. Based on those discussions, a substantial majority of the Board supports the preservation of the LMCD. At the same time, the Board is aware of the concerns and criticisms of some of the member cities and others and is committed to working with the cities to address the criticisms and concerns in a fair and responsible manner. Attached to this Memorandum is a form of resolution regarding dissolution of the LMCD. The Board of the LMCD requests that the city council of each member city that has not formally acted on the question of the LMCD's dissolution consider the resolution as soon as is convenient. If your city has taken formal official action on the question of dissolution, please send a certified copy of the action to the LMCD's offices for filing. I would be happy, as would each of the Board members, to discuss this matter further or respond to your questions. Thanks for your attention to this matter. c: LMCD Board Members Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION RELATING TO LAKE MINNETONKA CONSERVATION DISTRICT; OPPOSING THE DISSOLUTION THEREOF BE IT RESOLVED BY the city Council of the city of , Minnesota (the "city"), as follows: 1. Recitals. The City is a member of the Lake Minnetonka Conservation District (the "LMCD") organized under sections 103B.601 through 103B.691, Minnesota statutes. Pursuant to section 103B.605, Subd. 4, the LMCD may be dissolved by the decision of the governing bodies of three-quarters of the municipalities thereof. certain cities within the LMCD have adopted resolutions requesting its dissolution. The Board of Directors of the LMCD has requested that all member cities take formal action on the question of dissolution thereof. . 2. Determination and Decision. The city opposes dissolution of the LMCD. 3. Filinq of Resolution. A certified copy of this Resolution shall be forwarded to the LMCD for filing in its official books and records. Member seconded the resolution and upon a vote thereon, members voted yes, and members voted no, and the resolution was declared passed this day of , 1994. . Mayor Attest: Clerk ;::;~ _ //1: -.---. ---=. ~. ........-...-1 Wayzata joins two other cities in voting to dissolve the LMCD By Patty MacDonald . Hoping to send what Mayor Bob Gis- void called "a strong message to them: the Wayzata City Council voted unani- mously at the Jan. 18 meeting in favor of the dissolution of the Lake Minnetonka Conservation District (LMCD) by Jan. I, 1995. This issue. which was added to the agenda at the meeting, was in response to a letter council received from Bill John- stone, chair of the LMCD, asking the City of Wayzata to discuss whether it favored continuing or dissolving the agency. The LMCD began in 1967 as a formal institution to deal with environmental issues on Lake Minnetonka. It is a consor- tium made up of 14 member cities on or near the Lake, each with one LMCD rep- resentative and one vote. In opening the discussion. Mayor Gisvold explained there is concern among , the cities about what the future of the \' LMCD should be. "Some of the cities are in dissension with certain policies of the \ LMCD." said the Mavor. "and Orono and l Spring Park have passed a resolution to dissolve. ,- '"There is concern that the LMCD is just (another level of government which dupli- cates other agencies and keeps expanding I and expanding without paying too much \... attention to what the cities (in the consor- tium) want to do: Gisvold continued. He then invited Gene Strommen, the paid executive director of the LMCD. to .address council. Strommen, who gave a long and some- what rambling apology in defense of his agency. told council he and the LMCD board of directors are "frustrated with the perception that we duplicate the work of other agencies. Our role is to facilitate the work of the watershed district (Minne- haha Creek) and the Department of Natural Resources (DNR)." . Strommen continued: "We don't get . into areas where we don't have authoritv. Our role is to be the champion of the Lake environment. My role here tonight is to encourage the City of Wayzata to show its level of support and appreciation." Councilmember Greg Rye responded, saying Strommen. "hit the nail on the head. You're seen as a regulator, not a l facilitator in the public perception." Rye asked what happens to all the funds the LMCD takes in from the member cities, . and was informed by Strommen there I was $198,000 in reserve in the 1993 gener- \ al fund. There is also S 175.000 in reserve ~ in the Eurasian water milfoil fund for har- vesting equipment. and another $150,000 i for operating expenses. . .--- Gisvold wondered why the LMCD need- ed such a large reserve for milfoil harvest- ing. '"That'sa question forthe board: said Strommen, "out r think it is a comfortable reserve. " ''That's for sure!" exclaimed the Mayor. '1 Council member Barrv Petit asked a ( series of questions regarding what would happen if the LMCD was no longer in existence. "The 14 cities could take over \\ the Lake again: said Strommen, "and someone from the Wayzata staff could control the docks in the city. but there i would be no conformity on the Lake and . J soon someone would have to come in to /'" solve the problem of the chaos which would follow." Duane Marcus, Wayzata's LMCD repre- sentative. disagreed with Strommen's assessment. "The bureaucracy in the LMCD is out of control: he said. "You . guys could regulate the shoreline in Wayzata and cut the mil foil in the area better than they do. You could also use the money you are sending them much more productively." Marcus urged council to vote for disso- lution and n~t to "pay the mil foil fee this year, but don't try to get it back for the To Page 11 Wayzata CitY Council ,From Page 1 last two years (as some area cities are attempting)," . Rye suggested the cities be given a one- year reprieve on fees and the LMCD co~ld function using its reserve money. dunng which time a task force could study the matter. Mayor Gisvold felt Rye's suggestion would never pass the present LMCD board. but council agreed to put the idea in writing as a formal suggestion. "It will probably have to disband then be recreated," said COllncilmcmbcr Dick Harmon. "My goal is that the LM~D get back t~ its primary goal of regulaung the Lake, said Gisvold. Three of the 14 member cities have now voted to dissolve the LMCD. A majority vote will be needed for action. In other busin~ss, council gave general pian planned unit development (PUD) approval for the Wakefield Townhomes project. This is a four-unit upscale devel- ooment, to be built by developer John L:aurent on Indian Mound St. Laurent plans to break gl'Oun.d n7:<:t month, with completion of the project oy August. .4~w1 ;J./ Cf /4 ~ . Excelsior votes to keep LMCD Council members say they want changes By John Mugford Excelsior has joined other lake-area neighbors to vote in favor of keeping the Zl-year-old Lake Minnetonka Conservation District intact. While the Excelsior City Coun- cil voted unanimously Monday in favor of a resolution sug- gested by the Ll'\1CD, council members said they wanted to make it clear their vote was not . necessarily an endorsement of the LMCD's performance. "My problem with the LMCD is that the attitude it presents to ~ the outside world is one of ar- rogance," said Councilmember Bob Murphy. "From where I'm sitting, I realize you can't please all of the people all of the time. But just the overall arrogance is what I fmd unacceptable myself. " Murphy said he was displeas- ed that the organization's of- ficials, until recently, said payments made by member cities toward the LMCD's milioil harvesting program between 1990 and 1993 had been volun- tary. LMCD officials have acknowledged that the milioil payments made by cities during that period were not voluntary. "What they've said is, 'We're going to do what we want and bury it in our budget and have your staff go through our or- dinance af'ln ~"" ii you can fmd '.vh.:c.:' ... uc' !vlurphy said. "And this came at a time when three cities had already voted to dissolve the LMCD. Obviously, they're not concerned about representing the lake communities. " Three cities have already voted to dissolve the LMCD, the Zl-year' organization set up to manage surface-lake issues by EXCELSIOR: To page ilA . Excelsior: Calls for changes . From page 7 A the Minnesota Legislature. Those ~ities are Orono, Spring Park and Wayzata. Orono and Spring Park last month asked that the LMCD refund their payments to the milioil fund made between 1990 and 1993. There were also three cities that had voted to keep the LMCD intact. Prior to Ex- celsior's vote, the other cities voting in favor of keeping the LMCD were Mound, Min- netrista and Woodland. To disband the LMCD, 11 cities would have to vote in favor of dissolving it, Jim Grathwol told Excelsior council members Monday. Grathwol is Ex- celsior's representative on the LMCD board. That means Excelsior's vote likely ensures the LMCD's ex- istence for now. Some lake-area officials have said the state Legislature at any time could replace the L'1CD with another organization. Murphy said instead of dissolving the organization, the 14 member cities should get together and figure out ways to improve it. "We can't eliminate the LMCD because then the state would come in with something that will give cities less of an op- portunity to participate," Mur- phy said. "I'd like to see cities send representatives and redefme what we want the LMCD to be." Excelsior Mayor John Ander- son said he believes positive changes are taking place in the LMCD. "I agree that if we have something else from the state come in we won't have the kind of input we'd like," Anderson said. "And I also agree that we're not getting the kind of results we'd like." Anderson said the LMCD has made some changes in its leadership and has cut its budget for 1994 by $25,000. "I think the cities that have voted against the LMCD aren't against the LMCD in general, they just don't support the way it has operated," Anderson said. "I'm hoping once they've seen the changes, the cities can pull back together again." Murphy said the LMCD had no choice but to reduce its 1994 budget by $25,000 because of a state law enacted last year. "They're acting like the deci- sion 1:9 cut the budget was a con- scious one, but it wasn't," Mur- phy said. "It was mandated by law." Grathwol, Excelsior's representative on the LlV1CD, said the organization has done a good job of spending wisely and therefore has enough money to cover the $25,000 reduction. In addition to informing the L\1CD that the city has approv- ed a resolution in favor of keep- ing the organization intact, the council decided to send a letter stating it would like to see changes in the way the LMCD cooperates and communicates with member cities. '. 2 WEEKLY. NEWS janua'Y 27;1994 Main topic discussed by the Tonka Bay Council was, ~ elsewhere, the -LMCD By Diane DuBay . The Tonka Bay City Council spent the better part of its Jan. 25 meeting dis- cussing the future of the Lake Minneton- ka Conservation District (LMCD) with Tom Penn, the city's representative to the LMCD board. Penn abandoned his pre- pared presentation and threw down the LMCD's gauntlet. ''I'm gonna jump right into the frying pan and talk about the LMCD dissolu- tion," he said. The LMCD has asked member cities for a vote of confidence, and Penn asked council to cast its lot with keeping the LMCD. Thus far, three member cities of the 14 have voted to dissolve the LMCD, and three have voted to keep it. Wayzata voted to dissolve last week, joining Orono and Spring Park, and those two cities have added demands for refunds of past "vol- untary" milfoil control contributions to the LMCD. Three other cities-Minnetrista, Wood- land and Mound-have voted to keep the LMCD. Dissolution requires a vote by 11 of the 14LMCD member cities. Penn said controversies and uncertain- ties about the LMCD had interfered with its work and were having a negative impact on the board. Concerns that had been raised about the LMCD's work and possible duplication of municipal activi- ties and licenses, said Penn, had come from Spring Park and Orono council- members who also happened to be Lake Minnetonka marina owners. If the LMCD were dissolved, Penn con- tinued, Tonka Bay would lose its impact on such issues as boat use and Eurasian water milfoil control. "If the LMCD goes, you have 14 cities doing their own thing," he said. Without the LMCD, Penn foresaw the state turning over management of the Lake to another governing body, such as the Department of Natural Resources (DNR), Hennepin Parks or the county. That seemed to be on Councilmember Douglas Keller's mind as well. He was concerned about giving up any more of the city's control over zoning matters. Keller and Councilmember Guy Sasan- far voiced support of the concept and phi- losophy of the LMCD, but Sasanfar said he believed a poor job of communication . and cooperation had created the problem and he was glad the matter was coming to a head. Last year, Tonka Bay Mayor Vern Haug had called for the dissolution of the LMCD, and Keller had expressed concern about the growth of its bureaucracy. Councilmembers Gerry Anderson and John Senescall were absent from this week's meeting and were not available for comment, but last year they supported Tonka Bay's concerns about the LMCD's budget. Sasanfar reminded Penn that Mayor Haug had been "...thrown out. of a meet- ing last year when he had some questions about the budget." Sasanfar brought up his own questions about the LMCD's bud- get. "Why does the LMCD have so much in reserve?" he wanted to know. Penn de- fended the reserve funds (about $600,000), saying milfoil control expenses were an unknown factor from year to year, and he cited the high cost of harvest- ing equipment replacement. He added a . budget recommendation that would cut back the agency's 12-month budget reserve to nine-months was expected, and another goal might reduce it further. Sasanfar told Penn that as the city's representative to the LMCD, he might want to consider updating council if con- troversial matters arise, so Penn could better reflect council's opinions to the board. "Altogether, the LMCD should be a bit more user-friendly," he added. Council approved a proposal for a three-year contract with BFI for garbage/- recycling services that maintain current household charges (about $9.50 per month) for 1994, and increase to about $10 for 1996-97. City Administrator Dave Callister and Councilmember Anderson are negotiating the contract with BFI. Council also continued a discussion on insurance that would cover members for willful open" meeting law violations. Council had not approved the purchase of the insurance, as reported earlier this month. In addition, the cost for repair of Wood- pecker Ridge Rd. is $33,000, not $71,000, as reported; and the repair will not include widening the roadway. ;t~"r ~1@lqt What to do about the LMCD was discussed by .Deephaven Council By Thomas Sheehey At the Feb. 7 meeting of the Deephaven City Council, the Lake Minnetonka Con- seI\lation District (LMCD) was brought up for discussion, though nothing related to the agency was on the planned agenda. In an effort to offer council a new per- spective on the LMCD, Mayor Howard Bennis invited Orono CounciImember Gabriel Jabbour to speak about issues Deephaven may face in the near future. Jabbour said he feels the LMCD is rest- ing on what it's done for Lake Minneton- ka in the past, rather than focusing on the present and future. "As many of my clients say to me, don't tell me what you've done for me over the last five years, tell me what you've done in the last four days. It seems, " he said, "the LMCD should either be restructured or dis- solved." "I've thought long and hard about this," replied Council member Jerry Laughlin, "and if the LMCD is dissolved, the Depart- ment of Natural Resources (DNR) could become more powerfuI...We need a better set of eyes and ears than the DNR. I don't think we're ready to pull the plug on the LMCD yet." "We have the illusion that we have con- trol here," said Jabbour. "We don't. I might add that recently the State Legisla- ture had plans to dissolve the LMCD and the DNR, and they could do it in five min- utes without our knowing about it. We need capable and knowledgeable people to represent us." Council member Mary Raymond asked Jabbour what he would like to see hap- pen. ''I'd like to see that 1) we let them know what exists now is unacceptable, and 2) get the leaders of our community to find out what we can do," said Jabbour. J.D. McRae of Minnetonka Yacht Club spoke on a proposed plan to eliminate buoys in Carsons Bay. This would get rid of 15 slides to the west of the docks and create a new set of docks. Tom McGoldrich, who lives on Carsons Bay, expressed concern over the yacht club's proposed plan. He said the current system of docks and buoys creates a unique appearance for Deephaven. "It is misleading for us to think there will be no increase in traffic:' said McGoldrich. He said the proposed changes would create a wharf-like appearance and bring added congestion to the bay. "I'm not sure we have a lot of say in this issue:' Mayor Bennis told McGoldrich, telling him he should contact the LMCD. Council also heard members of the Senior Center Task Force discuss the pro- posed Southshore Senior Center. The task force recommends building an $800,000 facility on the south side of Cty. Rd. 19 in Shorewood. The cost to Deephaven tax- payers would be approximately $5.40 per year per household. "Senior citizens have some real needs," said Lucille Crow of Excelsior. "This cen- ter permits them independence. It's easy for us to think of it as either Deephaven or Excelsior's problem, but we need to think of neighborhoods instead of cities." . . LMCD says payments for milfoil were not voluntary Opinion is change from previous statements . By John Mugford Lake Minnetonka Conserva- tion District officials have made an about face in an ongoing bat- tle with Spring Park and Orono. In a recent interview, Gene Strommen, executive director of the LMCD, said LMCD officials were wrong in saying that payments made between 1990 and 1993 by the lake-area's 14 cities for the agency's milfoil harvesting program . were voluntary. As it turns out, the LMCD's at- torney, Charles LeFevere, has stated in a written opinion that the payments were indeed man- datory according to state law. "We're not viewing the milfoil payments as voluntary and we should not have addressed them that way,'~ Strommen said recently. "This is a change in our position in that some of us and some of our board members had been recently defending payments received from the cities as voluntary." Strommen also said some cities were correct in saying they weren't told the LMCD believed the payments were voluntary betWeen 1990 and 1993. Spring Park and Orono in re- cent months protested the amount they've paid toward the LMCD's budget since 1990. Each . year since then, the LMCD has sent bills to the 14 cities that con- tained two budget categories: administrative and. milfoil harvesting. .. . Last year when Shorewood received its bill from the LMCD, its council pointed out that the total amount the LMCD was go- ing to collect in 1994 exceeded the amount the LMCD was legally allowed to collect under a 1993 state law. According to state statutes enacted in 1990, the 14 cities in the LMCD could not levy more than .00242 percent of their pro- perty values to pay the LMCD bill, according' to LeFevere. However, LeFevere stated the law did not prohibit the LMCD from collecting more than than that amount from the cities. But in early 1993, the Legislature passed a law stating the LMCD could not collect more than .00242 percent of the combined property values in the 14 cities. Late last year, when several cities questioned the LMCD about the law, LMCD officials said the organization had abided . by the law because only the amount it received for the ad- ministrative budget was a man. datory payment from the cities. And that amount, they said, was under .lXY.!42 percent of the cities' property values. . LMCD officials said the payments for the milfoil harvesting program, which when collected put the LMCD's total revenues higher than state law allowed, were voluntary. When Spring Park and Orono council members found out about Shorewood's inquiry, they said they had no idea a portion of their payments each year since 1990 was voluntary. Both cities demanded refunds. Orono asked for close to $30,000. Spring Park wants. a refund of about $4,600. . In January, LeFevere issued a written opinion stating he does not believe the cities have a legal right to receive refunds. LeFevere also stated: "It would appear to me that the payments for the years 1990' through 1993 can be defended as mandatory payments. The only reason there seems to be any question about this is that the amount included in the LMCD budget and assessed against the cities by the LMCD exceeds the amount which the cities were authorized by law. to raise. Therefore, it seems to have been assumed by some that only assessments up to the amount of the cities' levies were man- datory and any excess amounts were voluntary." In an interview, Spring Park Mayor Jerry Rockvam said the LMCD's changed opinion adds to its lack of credibility. "It's because of things like this that the LMCD's credibility is zip," Rockvam said. "We know what the LMCD's attorney has said. But as of now we're still asking for a refund. We're forwarding the LMCD's opinion to our attorney to get his opinion of whether we should still pursue the refund." Strommen said before LeFevere issued his opinion, LMCD officials were under the impression that when they sent their bills to the 14 cities, the citieS were required to pay only the administrative half of the budget. LMCD officials did not think the cities were required by law to pay the milfoil portion of the bill. But Strommen said it is now clear that when the LMCD sent bills to its member cities, the cities were required to pay the full amount, even if the amount exceeded .0<rM2 percent of the cities' property values. "The cities did not have a legal right to refuse us," Strom- men said in an interview. . The LMCD launched its milfoil harvesting program in 1989. Late that year, after the LMCD's budgeting process was complete, LMCD officials asked the 14 cities to make voluntary contributions above and beyond their regular contribution, Strommen said. "That year there's no doubt the payments made by the cities were voluntary," Strommen said of the $60,000 the LMCD received from the cities for the milfoil program in 1989. "That's because the payments were out- side of the budget process. But since then,' we've included the milfoil contributions during our normal budgeting process. That didn't give the cities any choice by law but to pay them. Those payments have not been voluntary." , At a. recent meeting, the LMCD board, aware of the new state law, voted to reduce the amount it will collect in 1994 from the cities - for both the ad- ministrative and milfoil budgets. Last year, the LMCD approv- ed collecting $166,500 from the cities in 1994. Of that, $77,000 would have gone" to the ad- ministrative budget and $63,000 to the milfoil harvesting program. According to the 1993 state law, however, the LMCD can collect only $140,742 - which equals .00242 percent of the pro- perty values in the cities - for both accounts. Gabriel Jabbour, an Orono council member, said the LMCD should have known earlier last year that it would not be able to collect more than $140,742 from the cities in 1994. "They're now acting like this is a new development they didn't know about," said Jabbour. But Strommen said LMCD of- ficials were not informed of the law change until recently. "Nobody informed us, but that's not to say we shouldn't have known," Strommen said. "It's certainly our obligation to fmd things like that out." ~hLq~ ~ Area cities urged tQ take vote ',' , . '. .". .- ~'. " . on,:LMCD - future Pi6s-and~'cons or agency; discussed by ,area mayors By John Mugford During its 27-yearhistory as an overseer of the largest lake in Hennepin County, the Lake Min- netonka Conservation District has witnessed it share of debate. But the recent controversy concerning the LMCD has reached such heights that cities around the lake are in the pro- cess of voting to either disband , the agency or keep it intact. So far, three oC the 14 cities that surround Lake Minnetonka have voted for the dissolution of the LMCD. They are Orono, Spr- ing Park and Wayzata. However, three 'other cities have given the LMCD a vote of confidence by approving resolu- tions to keep the organization in- tact. Minnetrista, Mound and Woodland recenUy voted in favor oC such resolutions. According to state statutes, in order for the cities around the , lake to dissolve. the LMCD, three-fourths would have to vote " to disband it. ,-,,', . That means 10 or 11 cities - even LMCD officials are not sure of the exact Count -' would have to vote in favor oC dissolv- ing the LMCD, , With three cities fumly behind the LMCD' and at least three or, four others saying they will vote in Cavor oC keeping the agency intact, Tonka Bay Mayor Vern Haug pointed out last week that it seems likely the LMCD will , survive. Yet, at a meeting last week of representatives from the 14 cities around the lake, several mayors and Bill Johnstone, chair of the LMCD, urged the re- maining cities to also take votes concerning the LMCD's future. "Even if there aren't enough votes to dissolve the LMCD, 1 think we've got to fmd out where the 14 ' cities stand," said , Wayzata Mayor Bob Gisvold, whose city recenUy voted, to dissolve the LMCD. "If the LMCD has eight or nine cities opposed to it, even though that wouldn't be enough to dissolve ,it, then it has a big problem and should know about it." Minnetrista Mayor Scott Carlson, a Cormer LMCD board member', said: "I think the kinds of discussions we're hav- ,iI)g concerning the dissolution are appropriate' to make sure . the direction of the LMCD is what the cities want to see. But after this is over, I'd really like to see more constructive work instead of cOmplaints without suggested solutions." Johnstone, ; the ,LMCD chair Crom Minnetonka, said: "I think it's healthy that we take these votes and find out whether the organization is performing its functions and whether it can do . , some things better." But Johnstone said he would, like the cities to keep in mind ,,' that should they vote to dissolve the LMCD, they might lose the luxury of having a local agency as the lake's manager. He also said the cities should remember that the LMCD is making changes in areas where it has been criticized. Johnstone said the LMCD is trying to communicate and work better with the cities, is looking into alternative revenue sources for operating the LMCD and harvesting milfoil from the lake, is considering a new, less restrictive method for licensing multiple-docks, is using up some 8~!"_ .... of its reserves in oi-ci~u ~ ~;;d~ce the amount paid by the cities, , and is making a strong push to conclude its long-standing effort to have 700 car and trailer park- ing spaces at public boat access sites aI-ound the lake. "The lake is an enormously valuable asset to the cities for a whole host of reasons, including strong' property values and recreation," Johnstone said. "It's important that whatever I organization results from this is an organization that includes a , significant component oC local contra!." But as several mayors pointed out~ the LMCD will have a dif- ficult time, overcoming pro- blems perceived by its member cities. , Gisvold told the mayors that the Wayzata City CoWlcil is not opposed to the idea oChaving the LMCD as the local manager of the Iake." . "We wouldn't be opposed to the LMCD if it were following what it was orginally set up to ,do, manage the lake," Gisvold 'said. "But ',' now it's into harvesting milfoil and we're not sure we're getting enough bang for our buck there. Another one , of our big problems with the LMCD started four or five years ago when it got into shoreland management. The LMCD is SUP-I _""""_dU. LMCD: To page 16A ~ 18A-ExceIsIodShonIw. MIn_1ca Sun-Sailor-Wed., Feb. 2, 1994 _ LMCD: Mayors urge cities to'take .yotes From page 2A , for good people to volunteer as a representative. . ''There have been some un- , portant issues voted on during the years when many represen- tative from cities could not at- tend," Albrecht said. "In those instances, some cities were very interested and think the votes could have gone the other way. The cities involved somewhat resent that process. The LMCD has to allow cities to have alter- nates with voting power." Spring Park Mayor Jerry Rockvam said the LMCD has a credibility problem. Spring Park and Orono council members recently demanded refunds from the LMCD Cor the contributions they've made in recent years toward the milfoil lake." Gisvold said the Wayzata council also thinks the LMCD is keeping too large of a reserve, with more than $600,000 in several separate funds. "We'd love to have something like that in Wayzata," Gisvold said. "The LMCD could easily Cund its operation for more than a year." Greenwood Mayor Alan Albrecht said he has a problem with an LMCD policy that does not allow cities to send alter- nates to meetings when their regular representatives cannot attend. He also said the LMCD convenes too many meetings, which in turn makes it diffcult harvesting program. Those two cities said they did not know their contributions to the mifoil program were vollDl- tary since 1989, when the LMCD started the harvesting program. At that time, the LMCD asked the 14 cities to match their usual, mandatory contribution to the LMCD's operating budget with a contribution.to the milfoil harvesting program. Several weeks ago, LMCD of- ficials said while they may not have specifically stated that milfoil payments since then were voluntary, the cities should have known and should have questioned the LMCD if they thought the payments were too high. "We asked the LMCD earlier this year whether the milfoil payment was voluntary and never heard back," Rockvam said. "That's where you lose credibility." But several mayors backed the LMCD. Mound Mayor Skip Johnson said the LMCD is the best vehi- cle for the 14 cities to have some say in how the lake is managed. He also said the LMCD should not not allow alternate voting members, as suggested by Albrecht. "City councils don't have alternate voting members," Johnson said. "At our meetings, you've got to be there to vote and it shouldn't be any different. " . . Johnson also supported the LMCD's policy oC keeping a strong reserve for the day when an effective, and possibly expen- sive milfoil treatment is discovered. ''That's one reason I'd like to not see you spend the reserve down," Johnson said. "I've always considered the harvesting program to be a stopgap measure IDltil a biological control can be fOlD\d. And that can get rather expensive." Excelsior Mayor John Ander- son said while his city has not taken a vote, it will likely vote to keep the LMCD intact. He said: "I'm encouraged by the changes you're making." . . .'/'ll . "0" 1# ..', i. .bMCD:' 6fficialsd .' ,,":.':;'~I.~~~,./ C -~G ::'1(;:t~~ ,2,:::'r;~}..t ._."-:'t.;'J~::~,~~ -,.J.:..,"-i~ ":- ",'_, ~ .. "'. "", .. .'" ~" answer. CFltICST''':':'' i,;~,!t~~,'~.,.:~~{~~;Y,i~~ " ", ~. - ~..:~:~~~..;.~q :~~. "controversies have coine ~andt' . . ":.goneabout as often as thewater;:"(:"~;:(-;/;_:,~,;:-, ,i.,':r :; level of the lake has gone uP' an4J%.:Park ~~:CiiY':' couliciJS~~;recentiy down.",':: ..~(+\'.,..:.:;::~ ~(.:-:. >.:"':r heightened their ciiticiSni'ofthe . > At timeS;!.the" controversieS.':,LMCO by saying : they did: not :: have:;~been';so 1>8d ,variouSof':,t:/::. mow payments made oveithe ;~ficials''from ,around;the' lake;X JasL~ 'years, to" thenlllfoil speculated that the state was go- '.;~i' harvesting':.':,.program,)"\Vere ing to move in and manage thevoluritary."(-':-X';,>":- lake to end the bickering. . Since 1990; the LMCD haS col- " The LMCD is still here. ,>,>''lected money from Cities hi two However, a ,recent rift bet.;.::, forms. One is a niaildatory pay_ ween one or two citieS and the ment that goes to the LMCD's LMCDdoesnot seem likely to'" .,'.. ". "'" " end soon. The Orono,and Spring' :";';.: ......:. '::::: ~j '..<. - . .. - ." -'~ ;",. .'..... t I ! I 1 _. _lea Sun-Sailor-Wed.. Jon. 19, 1994-17A LMCD: . Officials talk about milfoil, etc. From page IA operating budget. (Cities are aUowed to levy a tax on their property owners to meet that payment.) The other is a volun- tary payment for the LMCD's milfoil harvesting program. Orono and Spring Park, say. ing they did not know the milfoil payment was voluntary, have demanded refunds from the LMCD. Orono has paid nearly $30,000 to the milfoil fund since 1990. Spring Park has paid more than $7,600. Amid heavy criticism from the Orono and Spring Park city councils, both of which have also voted to dissolve the organiza- tion, the LMCD asked for an in. terview to defend itself. The foUowing are a selection of questions posed to LMCD Chair BiD JoImstone, Executive Director Gene Strommen, the executive director, and Dave Cochran, who has resigned from the LMCD after being Green- wood's representative for more than two decades: lias the LMCD been inlorming the ciUes since 1989 that hall of their payments every year have heen voluntary lor harvesting mllloil? Strommen: "In truth, we ask- ed the cities back in 1989 without using the word donation or con- tribution if they were wIDing to match their annual levy limit to support the milfoil program. At the time the milfoil problem was kind of a crisis situation and we felt something had to be done. , Waiting was the wrong thing to do. 'The board decided to take an active and aggressive role in putting a control program together. 'That required raising . funds to get the equipment together.as weD as funding the operation. SO~asked the cities if they would be willing to match their annual levy doDar amount. and they aU contributed some portion of that. 'They didn't aU match it but we got about $84,000 that year. Had aU of the cities matched their levy limit, we would have received a little more than $100,000. So we did pretty good." Why did the LMCD undertake the milfoil harvesUng program and nolleave it to ciUes or other government entities? Johnstone: "What came across to us was that milfoil was the most critical concern to pe0- ple living around the lake. We found that through' citizen surveys and public response. So we went to the cities and they responded. And each year alter the request for the milfoil budget was included. 'The cities reviewed them each year and had a chance to comment. I don't think there have been any comments or question about the milfoil issue until recently." Was the LMCD surprised that a couple of cities recentiy said they did not know It was voluntary? Strommen: "I don't think we used the words voluntary such . as, "We're asking you for another voluntary contribu- tion." We didn't think it was necessary. We did state in the letters that the increase in , budgets starting in 1990 were the direct resu1t of the added needs of the milfoil program. From 1989 to 1990 OlD' budget took a big jump. Because obviously the milfoil program added about $178,000 to that that year to get the program up and running. i'.1 And since then we've been col- "It appears we're taking a beating in the press.., If we did not exist there would be much more chaos out there. " LMCD Chair Bill Johnstone lecling $60,000 a year on it and spending between $90,000 and $100,000 on it. We get money fonn other sources as weD." JoImstone: 'There were no let- ters sent out saying this is .a voluntary contribution. But it was clear that letters were sent out identifying the components of the budget and the cities were given opportunities to comment, complain and chaUenge the budget. So far.. no one has 0b- jected to it." Cochran: I do remember hav- ing to verbaUy leU one city that this was a voluntary thing and I think tha twas Tonka Bay. But besides that, there were no complaints." . Do you now think you should have been more clear each year In saying the mllfoil contrtbutlon was voluntary? Johnstone: "I haven't been on the LMCD for the whole period that the milfoil program has been in place but my reaction is that the most important thing for the LMCD to do was to iden- tify how the money in the budget was being spent. And aU that was done." But people have been saying that since 1989. new memben have heen elected to city coun- cils who might not have known , the milloil payment was volun- tary. In that regard, should you have been more clear and will you be lrom nowou? Strommen: "I think what we need to do at this point is ask the cities if they are willing to con- tinue the kind 01 support they've been giving to the miiloil fund. Most 01 the cities have basically said yes when they approved their payments. We've received some payments already. Our budget process begins early in the year and we adopt a draft budget in May and send it out to cities then. They have achance to respond before we adopt it in June and sliD have the balance 01 the time between then and when they make their own budgetary commibnents later in the year to respond." lIave other cities come to your res.,.", and said, "Yes, we knew the paymmts were voluntary?" Strommen, "No, not too many cities have done that, but we didn't expect them to either. It seems 1i1ce it's between us and the cities who are claiming they did not know." "It's my judgment that most of the cities out here recognize that they want the control of the lake to remoin local." Dave Cochran !lave you received indications that clUes besides Orono, Sprtng Park and Excelsior wiD nol make their luU milloil contributions? Strommen: No. And Ex- celsior's argument was that they don't want to accept an in- crease of over 5 percent in their total payment to the LMCD lrom the prior year. What Ex- celsior didn't understand was that we gave the cities in 1993 a one-time lower budget by taking money from our reserves. Their payment had gone down significantly last year and this , year we're looking at retrwung . to our prior levy amounts." IS the milfoil budget getting Ught? Johnstone: "Right now, if none of the cities paid, we'd have adequate funds to cover the program for this year. But if payments from the cities were reduced dramaticaUy, then we'd have problems." What would happen then, if the . LMCD's milloil program went under? Do you think people would regret losing It or move on to other options? Cochran: "I think they would regret it because we've done a good job. But there's another side to it. Over the Iasltwo years the mllfoil has been less visible and less of a nuisance because of the high water. Like any weed, it grows with sunlight and sunlight can't get to a certain depth. The extreme hysteria of 1989-90 over milfoil has subsided and we have not spent as much on milfoilthe last two years. 'That, I think, has aUowed some of this discontent to arise. If we would go back to low water I would suspect everyone would be up in anns again over it n Strommen: "We've been very responsible and have modified our equipment to reduce the costs. We're learning and are ahead of other lakes throughout the country. For example, we in- creased OlD' fuel capacity on the harvesters to :m gaUons so we only have to refuel every lour days. And we've increased the training of our operators. Besides aU you say you've done, does the LMCD seem to be more under fire lrom the publlc and cities than ever before? Strommen: "It only seems to be from a couple of sources, not from most of ~ cities and not from th.. pubIic. It's cominll "(Some cities) seem to want change but they haven't given us a good indication of what ~hanges they'd like to' see. " Executive Director Gene , Srmmmen the total program." What does the LMCD do well? lIere's your chance to answer back. Johnstone: "'There's no doubt the milfoil program has been a success. 'The board also does a good job of regulating and en- suring the quality of recrea- tiooaJ use on the lake. The ques- tion of public access is a very difficult area and we've been asked to take the lead on that and have done a good job. A job 1i1ce that doesn't win many friends. In terms of boater safe- ty, we've worked weD with the sherifI's department in address- ing the problem of boating while intoxicated. " Strommen: "I think when we had high water last year is a good example of the vvalue of an organization 1i1ce the LMCD. We were the ones who came up with some regulations for the whole lake. Also, going .back a few years, the LMCD was the first organization in the state to have an ordinance on the books regulation boating while intox. icated. It's things like that that have made the LMCD invaluable. " from the same sources more often. They seem to want change but they haven't given us a good indication of what changes they'd like to see. We What about the percepUon that don't think they want to be the LMCD Is an old-boy's net- dilluted into a larger organiza- work. lIave you done anything tion. We think they appreciate to address that? their link to the oi'ganization. Cochran: "I've always said to They might lose that under the Greenwood City Council that some other manager of the a body is only as good as the lake." caliber of person appointed to it. Cochran: "It leads you to I've always told the council to speculate that sometimes the appoint me if they feel comfor- spoken word is not the direct table in that regard. 'The reason for a comment. Someone mem~?f the LMCD have had might be squawking about the' to mamtamt a balance of wat. milfoil budget but maybe 'that "chi!'g out for aU of the cili~, the isn't what they're talklng about. residents, , the mannas, If you want to speculate it might everyone. We ve had to bust our be the people caUing for the lailto try to do that. It's doing dissolving of the LMCD. 'There ~t that so~etimes. ,causes are only two mayors period, do- disagreement WIth the CIties, the 'ing this. Why are they thinking Lake Minnetonka . Lakeshore this way? Owners Associalton, the . marinas, or some other group." Johnstone: "If you look at the board over the last three years you'll discover that there has been a significant number of turnovers. It reaUy isn't an old boy's network. We had four new members this year and since I've become a member we've had three new members. And when we do have members with experience, they've helped the staff out a lot because we do have a small staff," Are you looking any sln1dural changes in response to this? And, have you heard bad< lrom any clUes who look votes on whether the LMCD sIJ.Jd be disbanded? Johnstone: "As you know we have looked at structural changes. And the majority of the cities have not said that they want to see major changes." Strommen:"Not all of the cities addressed dissolving the LMCD by a fonnal vole. 'The ones that did were Orono, Spring Park, and MOlIJ1d. which gave a positive vote for the LMCD." Cochran: "It's my judgment that most of the cities out here recognize that they want the control of the lake to remain local and realize that risking that could result in a revenal of local control. I think most of the . cities realize this and are re- maining silent." Your answers seem to indicate that YOII beUeve It's .....y two cities making waves and that the threat isn't very reaL Butob- vious1y you are concernerl. You caUed lor a meeting with the SUn-Sailer and hav" taken other measures. Johnstone: "Let's put it this way. It's a perception of the public's eye of the LMCD. It ap- pears we're taking a beating in the press. In the contrary, if we did not exist there would be much more chaos out there." Strommen: "There tends to be more focus on a few isolated situations where there isn't fun agreement on what we're doing instead of an appreciation for Speaking of your charge to pro- vide 700 car/trailer parking spaces at public access points around the lake, has the amount of Ume the LJ\ICD's spent on that Issue hurt its image? fl's been 10 years or longer. Cochran: "The problem is we have to keep recapping what the whole thing is year alter year. Someone new comes to a city and wants to know why it's tak- ing so long. So we show them all that we've done. It's a lough, continuing job that we have to tackle. Back in 1983 and 1986 we were battling the DNR tooth and nail on this issue but now we're gelling a lot of cooperation from them. 'Things are moving now." Johnstone: "We keep moving much further along. We've agreed on the 700 spaces, A report we've just Issued def'mes what it means to have a space to park at. We've done an inven- tory of how many spaces exist and the report identifies addi. tiooaJ spaces and sets up a pro- cedure to try to secure those spaces. We've answered aU of the unanswered questions this time." . . TO: Mayor & City Council FROM: James C. Hurm, City Admtnistrator ~~J DATE: March 10, 1994 RE: Agenda Item #13C - Consideration of Using a Portion of the City Hall Parking Lot as a "Park & Ride" . staff of the Regional Transit Board (RTB) has been working with us on the potential of using a portion of the City Hall parking lot for a "Park & Ride". If the City Council is interested in this proposition staff would take it to the RTB for their consideration by April 11th. The attached drawing identifies seventeen spaces which could be specifically designated as "Park & Ride" spaces. They would be signed and designated as such from approximately 6:00 a.m. through 6:00 p.m., Monday through Friday. In return the RTB would pay for approximately 21% of the cost of the parking lot reconstruction. Rebidding of the parking lot is currently in progress. Bids are to be opened on March 31st. . This seems to be a good joint use of our parking lot. As you may remember, when the project was bid the first time last fall, bids came in significantly higher than anticipated. Although the specifications have been "massaged" by Joel and because it is our hope that the bidding climate is better than last fall, bids should come in much closer to budget. The project budget is $90,000. MTC would also bear the cost of a sidewalk, approximately 100' in length, from the parking lot along Country Club Road to its intersection with Highway 19. . At this point we are simply asking the City Council if you are interested in pursuing this avenue. The RTB will have to return with an agreement for your consideration. We will know the results of the bids and what the final agreement would look like by your April 11th City Council meeting. Attachment: Planner's Sketch Designating Parking Spaces JH/tln 31094.1 . l ~ ~ ~ ~ - ! ~ , - ~~ :t'f' ~~ . ~ 't--'- .....~ ..J U 0.. U a: . CD~ -'" '... ""0 -eo :3 ~ 3 :) a:: ..... ~ ~ ::l "'<.:> =' 0'" z -co ::I: a:: ='::l -u (C.., u . cD CD - Z . Iw: . ..... . .....::E ...~ ~..... . alX . ..... x..... O..J'" a:o CL.:::_ o..z -< -< . ::I:al ..... . >"'(,,) 0% ::EO . '" x a:..,..... ci =~O . a: co.... Q:-di1::3 --i:....:) ~ ~"'- z ::::la:: u I ..., I ..., I u I u CD'" "'..JcD AJ .......... a:......... -... %0... >::1: ~ V1 a:n: I 0 0= ~~ ~~o"t' ~ uz .....-<..J .....-< OWl-V) ...eo a::i..... a: 0.. u 0.. _.-< ~ l ..........2.....i.:.... g .J ... ~~ ~ ," ...... ::l c: g " < :a -.l .., " 0 ~ .l"t ~ -:z 4( " ~- 2 u '" .c '" '" a u ... ;; C) rn C. '" u U <<I .c g ~ ~ .: - .. c. 0 i:i: ..: -< ..J <<I .: >.. ::E rn <<I .;: u '" I ~. "0 ~ .S .. ... '" I '0 5 5 >. '" .E '" i co = a ii:i '" '" "" rn Z rn rn -< rn I ~ I I X ~ a ::!: ::E c:J iii ll.. C) rn Z -< ..J -< rn ) '" -< ::E a: ..... . coo o ~'" u ::l'" a: ~z "'.. zo 0= u'" i I i I 10. U')- 1::E< . L&J~oc( X Uta:: C::-J c. ,0 < ..J~..... .. 0..-< w-ow a:a::-1- ~!; z= !!IV ..J... _ ..J"'c <<c.. -"" ... ~ z~ >-- - ~.. - u~ ;- 0.. "".. ....z ~- <co LZ .. ~ Z:r -on .. - "'Z -0; ":: ...~ ell :i a: ..... . IDO o "'eIl U ::l'" a: ...z "'.. zo 0= u'" .. .. '" '\ ,'" ~ Co:) a:: ,. ..... ::::l -----:....-...;:: - E--- - --~-;: --- --- --- ------ '" an 1::> AcL . ..... XQ. .....- 0.. '" >z 0- :i,-< .....a: a:o ..... ..J o Q. a: .....'" ..a: 0..... 0..= .... .....0 > 0>- :ial '" > o :i '" a: o ...."'.... alZ .... -< zoa: -<....0 a: >-. Ou.t::Z >-0 0 =<V1- a:-<'" .....'" z '" 0..... -:.-+- <I.&JCX a:zo....... '" -< ::E a: ..... . c:oo o ....'" u ::>.., a: ~z "'.. CI Z '" ..... (,,) ....z: -<-< ::Ea: 0- "'z: ::::l..... o z~ --< ::E ::::l>- ..... ::I: '" ... a: ",,,,-< ":0.. N -Il'l'" CD'" . . '" al CD . . cD..J c.JQ"t,l.A.I .(,,)> X .z ........- .0 a::J-w\I1 -< ...:( (.,) =' wu~-o c: a:z: <CLlJCL- :;::a::l ::I: .:J ~::- . . 1E!td~rrl\1lli ~rrlit ~t'llt11ctbnul1d 339 THIRD STREET EXCELSIOR, MINNESOTA 55331 (612) 474-5364 MEMORANDUM TO: Sandy Langley, City Administrator, City of Deephaven Carl Zieman, City Manager, City of Excelsior Sandy Langley, City Administrator, City of Greenwood Jim Hurm, City Administrator, City of Shorewood Dave Callister, City Administrator, City of Tonka Bay Cary Smith, Fire Marshal a4- FROM: DATE: February 18, 1994 RE: 1993 Year End Report I thought you would be interested in seeing a brief overview of some of the events of 1993. Three major projects in the area were the additions and renovations to Deephaven, Excelsior and Minnewashta Elementary Schools. All three schools now have fire sprinkler systems and state of the art fire alarm systems. Underground storage tank removals were on the rise in 1993. This is partially due to a change in disclosure laws when a home is placed on the market for sale. Underground storage tanks out of service for a year or longer are to be removed or proper steps taken to abandon in place. During 1993 I attended the following continuing education courses: Bureau of Criminal Apprehension Fire/Arson Investigation I, II, III Fire Sprinkler Plan Review National BurglarlFire Alarm Association Inspection, Testing and Maintenance Fire Educators Conference SERVING THE SOUTH LAKE AREA SINCE 1889 DEEP HAVEN . EXCELSIOR' GREENWOOD' SHOREWOOD . TONKA BAY II /LJ. ,:: /.r,- ~ f! ,/1 Memorandum - City Administrators February 18, 1994 RE: 1993 Year End Report Page 2 In this ever changing world, it is vital to keep up with technological advances, code changes and improved procedures for day to day operations. I have also included the following percentage breakdowns for the number of fire/medical calls the Fire Department responded to and the amount of time I worked for each City. Qtl % of Total Calls % of Total Hours Deephaven Excelsior Greenwood Shorewood T onka Bay 11. 78 % 39.05% 2.89% 36.57% 9.71% 18.42% 27.48% 12.35% 25.17% 16.58% If you have any questions or would like any additional information please let me . know. . . . . Year End Inspections Apartment Assembly Business Day Care Educational Mercantile Pre Fire Plan 1 34 5 9 1 MONTHLY REPORT 1994 city of Shorewood Burn Permits Issued 1 Construction 13 Recreational Miscellaneous 4 Fire Alarm/Sprinkler Tests Conducted 5 Fire Safety Info. Furnished 24 Resident Inquiry Plan Review 46 Reinspection for Compliance 177 State Fire Reports Filed 1 19 12 1 Building Permit Building Remodel On-site Inspection Proposed Construction Sprinkler System 7 Tank Removal/Install Investiaations Fire/Medical Call Response 81 96 Fire Medical 5 5 8 Complaint Fire Alarm Fire Incident Hazardous Building HOURS 35.5 26.5 46.5 16.0 19.5 30.0 3.5 1.0 31.5 6.5 35.0 204.5 3.0 38.5 20.0 15.5 2.0 Inspections Reinspections Plan Review Investigations Assn. Meetings - West Metro, Fire Marshals, FMAM, Juvenile Firesetters Task Force Continuing Education-DNR Burn Permit Meeting Council Meeting/Staff Fire Department Meetings Fire/Medical Call Response Fire Related Training Fire Safety Education Office Work - Phone calls, paper work, etc. Vehicle Maintenance Comp/Vacation Time Used Holidav Underqround Storaae Tank Removals/Installs Minnewashta School Prolect Total Hours 535.0 . . March 14. 1994 Shorewood . Residents Shady Hills Area Re: Changeover to Shorewood Water System Dear Resident: As you may be aware, you and your neighbors are currently using water supplied by the City of :Minnetonka. Invoicing for this service is being perfonned by the City of Shorewood, with a subsequent payment from Shore wood to Minnetonka for the water used. Due to the watermain cODStructed as part of the Waterford Townhome project to your east, and with the constrUction in the Vine HillII'.H 7 intersection planned for this coming summer, it will be possible to serve you with Shorewood water. This changeover is desirable for several reasoDS. First, the City of NIinnetonka has not planned to serve Shorewood residents indefInitely, and has requested detachment from their system as soon as practical. Second. it makes. fmancial sense to keep utility funds within the City itself. And fmally, with The addition of the water treatment plant at Silverwood Park, Shorewaod can offer you water of a quality equal to that of Minnetonka. A major benefit for some of the homes at higher elevations will be increased water pressure. However. some of the homes at lower elevations will require pressure reducing valves (PRV's) to be installed where the service line from the street enters the house. These valves are very common, and will also help to prOtect your plumbing from pressure spikes. These PRV's will be installed by the City, and we ask YOUI cooperation in allowing our insrallers into your home. We will be making appointments where PR V' s are needed, and will contact you individually at the appropriate time. In the meantime, if you have any questions you can call the City Engineer. Joel Dresel, at 595-5695, or City Hall at 474-3236. Thank you for your cooperation. it! '1--8 . CK NO CHECK APPROVAL LISTING FOR MARCH 14, 1994 COUNCIL MEETING TO WHOM ISSUED CHECKS ISSUED SINCE MARCH 1. 1994 13284 13285 13286 13287 13288 13289 13290 13291 13292 13293 13294 13295 .13296 3297 13298 13299 13300 13301 13302 13303 13304 13305 13306 13307 13308 13309 13310 13311 11312 . (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (L) (L) (L) (L) (G) (L) (L) (L) (L) (L) (L) Void Pera Medcenters Health Plan Medica Choice Group Health Inc League of Mn cities Mn Mutual Life Commercial Life Ins Co Hamline University Cellular Telephone Co. Mn Pollution Contrl Agcy Minnegasco City of Minnetonka Northern States Power Northern States Power US West WMI Svcs of Mn Mr. Peter Crawford Bellboy Corporation Griggs, Cooper and Co. Hoops Trucking Johnson Brothers Liquor Harry Niemela Pepsi Cola Company Ed Phillips and Sons Quality WinejSpirits Ryan Properties Val-pak The victoria Gazette PURPOSE Employee addtl life ins March health insurance March health insurance March health insurance March dental insurance March disability insurance March life insurance Tuition deposit-Hurm Cellular phone air time Vehicle emissions tests utilities 3rdj4th qtr water Street light utilities utilities Telephone svcs Waste removal Recycling award Liquor purchases Liquor,wine, and misc purch Liquor and wine purchases Liquor,wine,misc purchases SjA reimbursement Misc purchases Liquor and wine purch Liquor and wine purch March rent-store II Advertising Advertising TOTAL GENERAL TOTAL LIQUOR TOTAL CHECKS ISSUED -1- AMOUNT 54.00 1,117.41 4,528.20 1,021.01 454.49 81. 00 50.15 797.00 59.80 24.00 1,717.53 1,531.65 2,027.14 2,249.15 671. 54 210.25 150.00 4,654.52 6,124.25 4.80 2,674.72 1,491.80 25.15 2,507.25 2,855.06 2,463.78 450.00 40.00 18,236.12 21.799.53 40,035.65 CITY OF SHOREWOOD CHECK APPROVAL LIST HJ.G FOR MARCH 14.1994 MEETING - ~ CHECK~ VENDOR NAME DESCRIPTION DEPT. AMOUNT -------- ------------------------- ------------------------ -------- ----------~ 13313 ABEL. HEATING. INC. FURNACE SERVICES FURNACE SERV'I CES *** TOTAL FOR ABEL. HEATING. INC. 13314 ABM EQUIPMENT & SUPPLY MAINT SUPPLIES 13315 AMERICAN ENGINEERING ENGINEERING SVCS 13316 AMERICAN NATIONAL BANK BOND FEES BOND FEES *** TOTAL. FOR AMERICAN NATIONAL RA 13317 BARRY & SEWALL. INDUSTRIAL GRINDER GUARD ASSEMBLY 13318 RIFFS. INC. Sf'4TELL ITE RENTAL 13319 BOYER TRUCKS OIL. DIP STICK 13320 CAL-PACIFIC PRODUCTS CAUTION TAPE 1.3321. CATCO PARTS AND SE"RV I CE VEHICLE REPAIR 13322 COORDINATED BUSINESS SYST TONER FOR COPIER 13323 HENNEPIN COUNTY TREASURER JAN PRISONER EXPENSE 13324 HENNEPIN COUNTY TREASURER LABELS 13325 HOPKINS PARTS COMPANY VEHICLE MAINT SUPPLIES 13326 KNOX COMMERCIAL CREDIT STORAGE AREA RAILING 13327 KNUTSON SERVICES. INC. FEB RECYCLING SVCS 13328 LARKIN, HOFFMAN, DALY. _ _ .1AN LEGAL-OtJ. GOING JAN LEGAL-GENERAL JAN LEGAL-MWCC/RONACH JAN LEGAL-LIQ STORE *** TOTAL FOR LARKIN, HOFFMAN, DAL 13329 MTI DISTRIBUTING COMPANY BROOM ASSEMBLY 13330 MIDltJEST BUSINESS PRODUCTS OFFICE SUPPL IES PARKS & 86.99 CITY GAR 129.80 216.79 PUB ltJKS 1.45 6.444.70 -------- 242.96 -------- 179.06 422.02 CITY GAR 7'2..82 PARKS & 9.1 PUB WKS 36.94 TRAF CON 102 _ 2f:, PUB I/.JKS 227.04 GEN GOVT 103.83 POLICE P 504.00 -.-------- 141.25 PUB WKS 24.45 CITY GAR 17.0 RECYCLTN 4.10 _ 0 -------- 288_00 PROF SER 4.515.14 SEWER DE 2,765.81 -------- 311..50 7.880.45 PUB I,t.JKS 397.93 GEN GOVT 170.46 13331 MINNESOTA CONWAY-FIRE & S FIRE EXTINGUISHER SVCING CITY GAR 124_57 13332 MN SUN PUBL I CA T IONS PUBl.. T SH I t-J.G PUBLISHING *** TOTI~L. FOR t1N SUN PUBL rCATIONS 13333 WM. MUELLER & SONS. TNC_ SALT/SAND-ICE CONTROL. 1. :3334 Df;>R., SCHFL EN. l1fWERm.J./ f~SSOC J ("d.-.J. nJ.G-DEVEl. DP1-1FNT f.';:du -2- -------- 40.29 GEN GOVT 45.82 86_11 SNOII.) 8, I 920.23 .S.S3... ::,() CITY OF SHOREWOOD CHECK I~PPROVAL LISTING FOR MARCH 14.1994 MEETING CHECK. VENDOR NAME DESCRIPTION DEPT_ AMOUNT -------- ----------------------~-- ------------------------ -------- ---------- JAN ENG-ON GOING JAN ENG--GENERAL JAN ENG-SFASONS .1AN ENG-MWCC JAN ENG-DRY HYDRANTS *** TOTAL FOR ORR.SCHELEN,MAYERONj 13335 PFRMA TOP MARINE COVERS 13336 ROUSE l"iECHAN I CAL , INC. 13337 SCHARBER AND SONS . 13338 TIME SAVER OFF SITE SEC *** TOTAL 13339 TOLL COMPANY NO PKING SIGN COVERS INFRARED HEATER REPAIR SNOWBLOWER PARTS MINUTES MINUTES FOR TIME SAVER OFF SITE WELDING SUPPLIES 13340 TONKA AUTO AND BODY SUPP SWITCH 13341 VESSCO. INC. 13342 VICTORIA REPAIR AND MFG 13343 WACONIA FORD MERCURV 13344 WA TERPFW 13345 ZIEGLER. INC. . *** TOTAL CHECKS FOR APPROVAL --~----- 429_3( -------- 6~607-2~ -------- 348_3C SEWER DE 1~395_0C -------- 308_2~ 9~641_60 TRAF CON 53.2!" PUB WKS 117.96 PUB WKS 538.1.q. GEN GOVT 110.25 PLANNING 111_00 221.25 CITY GAR 117.41 PUB WKS 6.4f.. 80.67 FLOURIDE PUMP REPAIR PTS WATER DE 10.0C PUMP REPAIR PUR WKS 430.0S VEHICLE REPAIR PUB WKS 337.3E WATERMAIN REPR SUPPL IES W~~TER DE 377.21 CUTTING EDGES CITV GAR *** TOTAL CHECK APPROVAL LIST -3- 34.1.86.53 74,222.18 CHECK APPROVAL LISTING FOR MARCH 14, 1994 COUNCIL MEETING CK NO TO WHOM ISSUED PURPOSE CHECK REGISTER FOR MARCH 1, 1994 COUNCIL PAYROLL 208184 Void 208185 (G) Bruce Benson Council 208186 (G) Barbara Brancel Mayor 208187 (G) Robert Daugherty Council 208188 (G) Daniel Lewis Council 208189 (G) Kristi Stover Council AMOUNT 184.70 233.87 184.70 184.70 184.70 TOTAL PAYROLL 972.67 . . -4- CHECK APPROVAL LISTING FOR MARCH 14, 1994 COUNCIL MEETING CK NO TO WHOM ISSUED HOURS AMOUNT CHECK REGISTER FOR MARCH 8, 1994 PAYROLL 208190 (G) Donald Zdrazil 80.0 reg hours 1,187.93 208191 Void 208192 (G) Charles Davis 83.0 reg hours-5 ot 686.53 208193 (G) Wendy Davis 80.0 reg hours 777.63 208194 (L) John Fruth 5.5 reg hours 32.51 208195 (G) Patricia Helgesen 80.0 reg hours 639.41 208196 (G) James Hurm 80.0 reg hours 1,445.73 208197 (L) Brian Jakel 13.0 reg hours 73.31 208198 (G) Dennis Johnson 80.0 reg hours-3 ot 836.96 208199 (L) Martin Jones 18.0 reg hours 86.39 208200 (L) William Josephson 80.0 reg hours 505.99 208201 (L) Susan Latterner 8.0 reg hours 45.12 208202 (G) Colleen Lindskoog 37.75 reg hours 230.31 _08203 (G) Joseph Lugowski 80.0 reg hours-3 ot 807.54 08204 (L) Russell Marron 18.0 reg hours 105.30 208205 (G) Theresa Naab 80.0 reg hours 782.70 208206 (G) Lawrence Niccum 80.0 reg hours 887.99 208207 (G) Bradley Nielsen 80.0 reg hours 1,030.87 208208 (G) Joseph Pazandak 80.0 reg hours 1,066.30 208209 (G) Daniel Randall 80.0 reg hours-5 ot 877.30 208210 (L) Brian Roerick 7.75 reg hours 45.80 208211 (G) Alan Rolek 80.0 reg hours 1,262.12 208212 (L) Brian Rosenberger 8.25 reg hours 36.53 208213 (L) Christopher Schmid 80.0 reg hours 401. 07 208214 (G) Howard Stark 80.0 reg hours 681. 03 208215 (G) Beverly Von Feldt 80.0 reg hours 625.93 208216 (G) Ralph Wehle 83.0 reg hours-6.5 ot 770.88 208217 (G) Dean Young 80.0 reg hours 640.97 208218 (G) Howard Stark-vac ck 80.0 reg hours 700.88 . TOTAL GENERAL 15,298.04 TOTAL LIQUOR 1.972.99 TOTAL PAYROLL 17.271.03 -5- -- -r<.... .. . Lt CITY of ORONO Municipal Offices Street Address: 2750 Kelley Parkway Orono, MN 55356 March 11, 1994 Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 Mayors of the 14 Cities Ladies and Gentlemen: In the 1980s, the then Governors of the State of Minnesota set up two task forces which considered among other things the problem of access to Lake Minnetonka. These task forces are the authority for the position of the DNR that there should be 700 free boat trailer parking spaces at Lake Minnetonka. Another task force addressing the access problems was convened in 1992. The LMCD is now in the process of developing and adopting a report of that task force, which has all of the opportunities of the earlier reports to become an unassailable article of faith concerning access and parking access on the lake. As of the moment that this letter is being dictated, we do not know the fmal form of that report. Nor do we know whether it is the intention of the LMCD to submit the report to the various cities for action and adoption or bv way of information onlv, or with something else in mind. But we do know that the report is and will be in fact an LMCD report prepared by Gene Strommen essentially on the basis of conclusions of and information reviewed by Mr. Grathwol and representatives of the DNR. In its fmal form this report may prove entirely acceptable to each and every one of you. But the reason that this letter is being written is to point out to you that in later years when the report is used as a basis for further action or argument, it will be portrayed not as the report of the LMCD but as the report of the committee described in the exhibit which is attached. You will note that the committee, as thus described, is not a committee of the 14 LMCD representatives or even a subcommittee of the LMCD but a committee of independent representatives of the individual cities together with other representatives of other governmental agencies. Because Orono originally was very active in the task force and in later months has been following its activities closely, we are aware that few if any of the persons listed as members of this group have had anything whatsoever to do with the fmdings, purposes, or proposals of the committee. And we feel that if we are to be told that the report is the action of the cities, the cities should at least conscientiously consider whether the task force did study what it should have studied to the satisfaction of the participants, did accurately report facts, and did come to conclusions with which the majority of cities at least agree. Telephone (612) 473-7357 · FAX 473-0510 March 11, 1994 page 2 The following thoughts about the report may suggest areas of inquiry on your part. First, as we all know, the 700 number used in the discussion of the available car trailer parking spaces around the lake is not a real number, but a mystical number rather like the use of the number 7 in various sections of the bible. It is a number which in fact the DNR will always be at least one short of. When the task force began, it was the opinion of the DNR that there were about 125 free parking spaces, and the opinion of the LMCD that by careful counting that number might be raised to 325. As established by aerial photography and ground count there were actually somewhat over 1, 100 car trailers parked in free spaces with boats in the lake. As a result of the aerial photography and of discussions at the task force between Orono, the fishermen's lobby, the DNR, and the LMLOA, the DNR changed its definition of free parking spaces and it now agrees that there is a number approaching the 700 number available which meet its criteria. The LMCD apparently is not able to count as high as the DNR at the moment. Regardless of the counting, the fact is that about 1,100 people are using the lake free, even if certain agencies do not count them. These boats actually affect the lake and its use. But the DNR has been receptive to changing its standards in ways very useful to the general discussion and the future management of the lake. As a result of its inquiries into the number of free parking spaces and its inquiries into the desires of the DNR concerning them, the LMCD is now actively in the process of circulating what it terms a parking agreement encouraging the cities and Hennepin County to make commitments concerning present and future parking. The desirability of doing this in an individual case is a matter for determination by the cities or the county but newspaper accounts would indicate that the request is not meeting with enthusiastic support by the individual cities to whom it has been presented. We anticipate the report will recommend the effort to get "agreements" should continue. The report presumably will also deal with particular locations around the lake which are considered by those drafting it to be desirable points for future access ramps as opposed to parking areas. Since all of these are located in individual cities and most of them will arouse the immediate ire of the neighbors if active steps are taken to make them access points, we suggest that the cities in question may wish to consider whether they feel that their approval of them is warranted at the present time and whether it fits into their overall comprehensive plans. Orono does not mean by this letter to suggest that the cities reject these access points, merely that each city act on the matter after positive deliberation rather than having the outcome determined by default. We have had and continue to have serious problems with the task force both because of its inherently prejudicial frame of reference and its actual conduct of the committee. We do feel, for example, that the task force should have considered whether additional access points were needed anywhere to accomplish the presumed goal of the state in making the lake available to everyone who actuallv wants to use it. The report apparently simply assumes more' access ... "'j-.) . ,\1 <II March 11, 1994 page 3 is needed and focuses only on where it should be placed. A number of desirable collateral results both from the point of view of Orono and the overall point of view of the lake community seem to us to have occurred during the time of the committee's existence. But the report will be going forth under the auspices of the names attached hereto, and the entities represented by them, as opposed to being merely the report of the LMCD. So it will be entirely misleading in future years as to the actual input and participation of the persons and entities listed on the committee, unless each of you either acts on or withdraws from the report. And the committee will have missed the opportunity to inquire into the basic underlying considerations bearing upon access to and use of the lake. Very truly yours, {j/- f.' /i~-~ ' :' ..' ." fl' 4icC4~/ I Ld //'/.:/ (M.4~ Edward J. <;Allahan /' Mayor City of Orono " u) The task force membcrship shall be one individutll represclllative from each of lhe following orgal1iz:llion~, units of gevel'IHnent and agencies: MI.~l11ber Cily uf D~c!Jhav~1I City of Excelsior City of Greenwood City r,f Minnctonka City of Minnl.:tonka Bl.:a<.::h City of Minnetrista City of Mound City of Orono City of Shol1:~wood City of Spring Park City of Tonku Buy City of Victoria City of Wayzata City of Woodland Lake Millllelollka Lakeshore &um.~S~l1U~ BUWlin.!. Bennis John Anderson Alan M. Albrecht Tim Bergstedt Tom Markle Scott Carlson Skip Johnson Gabriel Jabbour Kristi S(OV~l' Jerry Rockvam Vem Hnug Poter Hill Barry Petit Nick Duff DOll GermaHson Owners Association (LMLOA) Hennepin Parks Lake Minnetunka CUlIservaliol1 District J Jenm:pill CUUllly Minnehaha Creek Watershed District Fishem1en Advocating Doug Bryant Jim Gralhwol Emily Anll Staples Tom Maple Gary Larson Intelligent Regulatiun (F.A.I.R.) John Schneider MN Sportfishing Congr~ss Dept of Natural Resources Maxwell Bay Citizens Group Mike Markell Bev Blomberg ., '..' ,\--.:-t I -" MAYOR garl) Brancal COUNCIl. Kristi Stover Roo Oaugnerty Daniel Lewis Bruce Benson CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927 · (612)474-3236 lv:JEMORANDUM TO: Planning Commission, Mayor and City Council "\ FROM: Brad Nielsen/Tun Hurm DATE: 3 Jan113IY 1994 Camp Plan - City Water RE: FlLE NO.: 405 (Comp Plan - Comma Fac.) Based upon the direction given at the joint meeting between the Planning Commission and City Council, staff proposes to redraft portions of the Community Facilities Chapter of the Comp Plan Update which deal with municipal water. First, it has been suggested that the issues section of the Chapter be redrafted to more fully describe the problems with the City's system as it currently exists. The revised text will elaborate a bit on the various issues which were studied two years ago (1. e. extensions to new and existing development, depreciation of the system, escalating operation costs, etc.). The concensus of the Planning Commission and Council is to establish a goal for extending municipal water to the entire city within 10 years. To accomplish this goal, staff has identified certain basic areas of decision which must be addressed to improve the feasibility of a citywide system: Water Policies 1. Properties get asses~ when the water line goes by (no deferrals). 2. Hook up required within one year. Three years? 3. Budget for capital improvements in general fund. 4. Flat rate assessments on unit basis (i. e. all lots, regardless of size, pay the same assessment) . lA' A Resider::fal Communir'/ on LEke A1ir:."7e;:onk3~$. SQu~h Sher:: t. Re: Comprehensive Plan City Water 3 January 1994 The Comprehensive Plan is considered the most appropriate. forum in which to address City water. In addition to setting. forth the goals, policies and plans for a municipal system, it puts this issue in context with the other elements of community development (i.e. streets, land use and natUral resources). It also involves a public review process which provides for scrotiny and input from the residents of the community. . Following is a tentative schedule for completion of the Comprehensive Plan Update and a subsequent. public review process: February - begin review of Land Use and NaturaI Resources Chapters March ~ finalize land Use and Natural Resources Chapters - ~cuss revised Community Facilities Chapter re: city water - joint meeting of Planning Commission and Council April - conduct a series of neighborhood meetings (perhaps 4 to 8) May - disCuss revisions to Plan based upon public input June - hold a public hearing and adopt Comp Plan Update subject to review by Metropolitan Council Even beyond this process the City would need to hold one, or more likely, a. series of special assessment public hearings following preliminary d~on and before full d~on. It is likely that the earliest constrUction could reasonably begin is Spring 1995. .. . It is inipartant to recognize that there .really is no "point of no return" until the pipe is in. * The proposed goal is to extend water to the entire city within. 10 years. Even. if the City decided to move that up to 3 years as had been discussed' 2 years ago, very little pipe could be in the ground before 1995. .. Consulting fees' are estimated to be $2000 legal, $3000 financial, and $10,000 engineering just to get us to a special assessment. hearing. *These funds should be set aside in advance, especially if they are to be spent all in one year. * Remember, we didn't even get to the special assessment hearing stage two years ago. We just had public infonnation meetings. cc: Tim Keane Joel Dresel Al RoIek - 2 - YEARLY IMPACT (DOLLARS) <h o <h ..... 8 ~ ~ <h 8 a z m ~ w w ~ ~ ~ <h -..J 8 ~ ." ^' o ." m ~ ~ - :s: ." > () -( ~ I ffill II IE] f!1 ~;- .". <h <h <h <h S S I\,) ..... s s ~ ~ ~ ~ ~ ~ ~ <. )> ... E ~ ,.... 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