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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
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. Printed on Recycled Paper.
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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<: .
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D .o.-) IJ/ 51 ;a f=/-: ill j11 ~ )..o-rt.
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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.
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. 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
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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
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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
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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
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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
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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:
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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
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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
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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. .
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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
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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.
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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.
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. . ~::_'TH ~:-:'fE i''iI~H:ETiJt'IfH TEL r.jo .r:.L-~:-c;-Ji:--
;.94 15:34 No .004 P.04
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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
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~inutes of Coordinating Committee meeting held September. 22, 1981
/ p-age 2
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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.
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~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.
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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
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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#
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.bMCD:' 6fficialsd
.' ,,":.':;'~I.~~~,./ C -~G ::'1(;:t~~ ,2,:::'r;~}..t ._."-:'t.;'J~::~,~~
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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'
:";';.: ......:.
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-
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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
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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 -
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