1993-12-22December 20, 1993
SPECIAL MEETING NOTICE
CITY OF MOUND
MOUND, MINNESOTA
NOTICE is hereby given that the Mound City Council will hold a Special
Emergency Closed Council Meeting on Wednesday evening, December 22, 1993, at 6:00
P.M. in the Council Chambers at 5341 Maywood Road, in said City. The purpose of
this special emergency closed meeting will be to discuss matters relating to litigation with
Dakota Rail.
Francene C. Clark, CMC, City Clerk
This notice was called in to the following newspapers on December 20, 1993:
The Laker
The Sailor
Wayzata Weekly.
This notice was also posted at City Hall.
, lZ,;ZO/93 14:30 P'AI 61Z 472 O§ZO
CITY OF /~IOUND
~001
ACTIVITY REPORT
TRANSMISSION OK
TX/RX NO.
CONNECTION TEL
CONNECTION ID
START TIME
USAGE TIME
PAGES
RESULT
5869
12/20 14:29
01'11
2
OK
94720516
CITY of MOUND
534~ MAYWOOD ROAD
MOUND M',NNESOTA 55364
~612~472 0600
FAX,6~2 4720620
FAX COVER SHEET
FAX #:
FROM:
DATE:
SU~E~
# of Pages to Follow:
COMMENTS:
I
I, ,I,
L;l'l'~ UI~' IYI_UUINI)
I~. UUI
*** ACTIVITY REPORT $**
***************************
TRANSMISSION OK
TX/RX NO.
CONNECTION TEL
CONNECTION ID
START TIME
USAGE TIME
PAGES
RESULT
5868
12/20 14:26
00'50
2
OK
99351452
CITY of MOUND
5341 MAYWOOD ROAD
MOUND, MINNESOTA 55364 1687
(612) 472-0600
FAX (612) 472 0620
December 20, 1993
TO:
FROM:
SUBJECT:
Mayor & City Council
Ed Shukle, City Manager
DAKOTA RAIL - SPECIAL EMERGENCY CLOSED MEETING
Pursuant to our telephone conversations held today, we are scheduled for a special
emergency closed meeting on Wednesday, December 22, 1993, at 6:00 P.M. at Mound City
Hall.
Enclosed is the order signed by Judge Marilyn Brown Rosenbaum for your review. If you
have any questions, please contact me.
enc.
J~ printe, d on rscVck-~ p~pet
STATE OF MINNESOTA
COUNTY OF HENNEPIN
Dakota Rail, Inc.,
vs.
City of Mound,
Defendant.
The above-entitled matter came on before the Honorable
Marilyn Brown Rosenbaum on November 8, 1993 pursuant to the
p~rties' cross-motions for Summary Judgment.
Allen D. Barnard, Esq.'appeared on behalf of the
plaintiff Dakota Rail, Inc.
Jeffrey R. Brauchle, Esq. appeared on behalf of the
defendant City of Mound.
Based upon the files, records and proceedings herein,
IT IS HEREBY ORDERED:
1. Plaintiff's Motion for Summary Judgment is granted.
2. Defendant's Motion for Summary Judgment is denied.
3. Defendant's Motion to have the Condemnation award
limited to the contract price is denied.
4. Defendant's Motion to have the condemnation appeal
declared moot is denied.
5. Defendant's breach of contract counterclaim is
dismissed on the merits with prejudice.
6. Trial on the Condemnation Appeal will proceed as
scheduled on the January 1994 trial block.
7. The attached memorandum is incorporated herein.
LET JUDGMENT BE ENTERED ACCORDINGLY
~arilyn-Br~n' Ro~enbaum
Judge of District Court
M~MORANDUM
Standard for Summary Judqment:
Under Rule 56 of the Minnesota Rules of civil
Procedure, a party moving for s~,mmary judgment must show
that there is no genuine issue as to any material fact and
that it is entitled to a judgment as a matter of law.
M.R.Civ. P. 56.03. The moving party carries the burden of
proof and persuasion to show that no genuine issue of
material fact exists. Johnson v. Winthrop Laboratories
Division of Sterling Drug, Inc., 291 Minn. 145, 190 N.W.2d
77 (9171). The motion must be considered in the light most
favorable to the non-moving party. Any doubt regarding the
existence of a material fact must be resolved in favor of
its existence. Rathbun v. W.T. Grant Co., 300 Minn. 233,
219 N.W.2d 641 (1974).
The Minnesota Supreme Court has long held that summary
judgment is appropriate in contract disputes, where the
terms of the provisions are not ambiguous or uncertain.
Blattner v. Forster, 322 N.W.2d 319 (Minn. 1982).
"Ambiguity exists if a contract is reasonably susceptible to
more than one construction." I_~d. at 321, citing Employees
Liability Assurance Corporation v. Morse, 261 Minn. 259,
264, 111 N.W.2d 620, 625 (1961). In order to be ambiguous,
all differing interpretations of the contract must be
reasonable. Collins Truck Lines, Inc. v. Metropolitan Waste
Control Commission, 274 N.W.2d 123 (1979). The contract at
issue here is clear and unambiguous.
Statement of Facts:
After extensive negotiations between the parties,
Plaintiff Dakota Rail (Dakota) and Defendant the City of
Mound (Mound) executed a Lease Extension and Option to
Purchase (Agreement) on September 14, 1990. This Agreement
related to property located in downtown Mound and provided
for, among other things, an Option in favor of Mound to
purchase four (4) parcels of land for the sum of
$235,000.00. The Agreement provided in pertinent part:
7. TITLE. Within forty-five (45) days after
execution of this agreement, Seller shall furnish
to Buyer, at Buyer's expense, an Owner's Title
Insurance Commitment naming Buyer as proposed
insured ("Commitment"). Buyer shall have ten (10)
days after receipt of the Commitment policy within
which to determine the marketability of title to
the Property and to make reasonable objections
("Objection") thereto, if any, which Objection
shall be made in writing. If the title to the
Property is found to be unmarketable, Seller shall
have thirty (30) days to cure the Objection. If
the Objection is not so cured or waived by Buyer,
then this Agreement shall be mull [sic] and void
and all earnest money shall-be refunded to Buyer
upon demand.
The Agreement also provided:
9. CONVEYANCE OF TITLE. At closing, Seller
shall deliver to Buyer a quit claim deed conveying
title.
18. MISCELLANEOUS PROVISIONS
...b. Entire Agreement. This Agreement
and the Exhibits attached hereto contain the final
and entire agreement between the parties with
respect to the option to purchase, lease
extension, and sale and purchase of the Property,
and are intended to be an integration of all prior
negotiations and understandings. Buyer, Seller,
and its agents shall not be bound by any terms,
conditions, statements, warranties or
representations, oral or written, not contained
herein. No change or modification of this
Agreement shall be valid unless the same is in
writing and signed by the parties hereto. No
waiver of any of the provisions of this Agreement
shall be valid unless the same is in writing and
is signed by the party against which it is sought
to be enforced.
On October 25, 1990, Mound exercised its Option to
Purchase and Dakota furnished Mound with a title insurance
commitment. The title opinion identified a certain
mortgage, a contract for deed and liens. Mound notified
Dakota of its objections to the condition of the title,
specifically a mortgage held by the Minnesota Department of
Transportation ("MnDOT") and a contract for deed with the
McLeod County Rail Authority ("MCRA"). Two of the parcels
were encumbered by liens which secured a mortgage held by
MnDOT.
On December 7, 1990, Dakota contacted the MnDOT, the
mortgage holder, to request a release of the mortgages.
MnDOT refused Dakota's request. Dakota continued to pursue
the release and granted Mound-a two month extension of the
closing date. Dakota offered MnDOT $18,000.00, estimated by
Dakota to represent 100% of the proceeds from the sale of
the two encumbered parcels. MnDOT again refused.
Eventually, MnDOT was persuaded to release its claims
on the property if 100% of the proceeds from the sale of the
two mortgaged parcels was paid to the MCRA and MnDOT to
reduce Dakota's mortgage. The MCRA valued the parcels at
$50,000.00. Dakota rejected this proposal. Pursuant to the
terms of the Agreement, Dakota returned the earnest money it
received from Mound. This litigation followed in the form
of Dakota's Quiet Title action. Mound counterclaimed
seeking specific performance of a contract to purchase land
in the City (Count I); alleging a breach of contract (Count
II); and alleging claims of fraud, misrepresentation and
deceit against Dakota (Count III). Mound withdrew Count
III. Count I was rendered moot by the condemnation
proceeding brought by Mound on September 6, 1991.
Decision:
This is a simple matter wrapped in layers of confusion.
The parties have focused on issues of quit claim versus
warranty deed and the connection between a quit claim deed
and ,,marketable title". The Court however will focus on the
breach of contract claim by viewing the written agreement as
the full evidence of the contract between the parties.
Under the specific terms of the Agreement, once
objection was made and not cured by Dakota or waived by
Mound, the Agreement was null and void and the earnest money
was to be refunded to Mound on demand. The Agreement
required Dakota to convey and Mound to receive a quit claim
deed at closing. However, closing never took place. The
Agreement did not require marketable title, it only stated
that after receipt of the commitment, Mound was to determine
marketability of title and make objections. The remedies
available to Mound were clear and fully negotiated between
the parties. If the objection was not cured by Dakota or
waived by Mound, the earnest money was to be refunded.
Mound received its earnest money and no other remedy was
available under the Agreement. Dakota did not breach the
terms of the Agreement. Mound was made whole and received
its full remedy.
The issue of the type of title to be conveyed at
closing is moot.
M.B.R.
STATE OF MINNESOTA
COUNTY OF HENNEPIN
city of Mound,
vs.
~? ~EC I~ ~R~8 JUDICIAL DISTRICT
.......... ~£~!~--
~'~ mi ~ .......
Plaintiff,
ORDER FOR JURY TRIAL
File No. CD 2226
Dakota Rail, Inc.,
Defendant.
The above-entitled matter is set for Jury trial during
the period beginning January 10, 1994 and ending February
25, 1994, before the Honorable Marilyn Brown Rosenbaum.
Cases will be called for trial in the order of assignment
unless counsel is ~ngaged in another trial.
III ·
IV.
IT IS HEREBY ORDERED:
I. This case is subject to being called for trial
on a two-hour notice during the time period it is
scheduled. When the case is called for trial all
attorneys and parties must be present. In
addition, there must be present a representative
with full settlement authority from any insurance
company involved in this litigation.
II. A continuance will not be granted except for the
most extraordinary and unforeseeable events.
Request for a continuance and reasons therefore
must be submitted in writing to the undersigned
within ten (10) days of receipt of this notice, and
a copy of the request furnished to all other
parties or their attorneys within the time
provided.
If the case is not heard during the time period
indicated, an amended Order will be sent.
Counsel shall immediately notify this Court in
writing of any disposition of the case prior to
trial.
To assist the Court, counsel and parties in achieving a
just, speedy and less costly determination of cases pending
before this Court,
IT IS ~EREB¥ ORDERED: that counsel shall meet and
accomplish the following, and serve one copy of the
following documents on opposing counsel and deliver two
copies to Judge Rosenbaum's chambers on or before
~994, seven (7) days prior to the beginning of this trial
period. If counsel have not met, they shall certify to the
Court, in writing, the reasons for non-compliance.
Compliance with this Order shall include:
Exhibit lis~: Counsel shall exchange and file with
the Court a list of exhibits which will be offered
in evidence and produce exhibits for examination
and copying. Pursuant to section Minnesota General
Rules of Practice §12(d) (Minnesota civil
Trialbook), all exhibits shall be marked for
identification in a single series of consecutive
Ar&~i¢ numbers without designation of the party by
whom it is being offered. Counsel shall submit a
list of agreed upon exhibits. If agreement cannot
be reached as to the receipt in evidence of any
exhibit, counsel shall identify these exhibits on a
separate list and specify in a memorandum the
grounds for objection, with authorities, for each
such exhibit. This separate list and memorandum
shall be filed with the Court.
Exhibits to Jurors: Exhibits which a party
contends are subject to cursory examination, or
critical examination by the jury pursuant to
Minnesota General Rules of Practice §12 (Minnesota
civil Trialbook) shall be identified. If counsel
do not agree as to cursory or critical examination
by jurors, memoranda shall be submitted to the
Court with copies of the proposed evidence to be
published to the jury.
e
Witness list: Counsel shall exchange and file with
the Court a list of witnesses to be called during
its case-in-chief as well as possible rebuttal
witnesses. This list shall include a short
statement of the substance of the testimony of each
witness.
Expert witnesses: For witnesses proposed to be
experts, counsel shall submit the curriculum vitae
or resume of each such expert. Absent specific
leave of the Court, the expert may not present more
than five minutes of professional qualification.
It is anticipated that the parties will stipulate
to expertise, although in appropriate cases, voir
dire or cross-examination of an expert's
qualification may be permitted; said examination
may go beyond the direct oral testimony as to
qualification.
List of deposition testimony: The parties shall
file with the Court designated portions of any
depositions, whether printed or videotaped, which
are proposed to be offered at trial, citing
specific pages and lines of each such deposition.
At trial, a copy of deposition testimony read into
the record shall be submitted as a Court exhibit.
Aqreed upon deposition testimony: When counsel
have reached agreement as to the content of any
deposition which is admissible, they shall
jointly draft a narrative statement of relevant
testimony which would be given if the deponent were
to testify. This narrative statement may be read
to the jury as stipulated substantive evidence in
lieu of the actual deposition.
Objections to deposition testimonY: Counsel shall
list objections to any deposition testimony in
memoranda form, and shall specify separately as to
each challenged portion of the deposition
applicable case law and rules supporting the
objection· If a party fails to comply with this
requirement, the challenged deposition testimony
shall be deemed admitted.
Stipulations: Counsel shall stipulate as to,
and list jointly, all uncontested facts, and matters
not in controversy.
Trial memorandum: Counsel shall furnish the
Court with a trial memorandum that includes
disputed issues of law with authorities.
10.
11.
12.
13.
14.
15.
Motions in limine: Counsel shall furnish the Court
with memoranda regarding any motions in limine so
that the Court may rule on these matters prior to
the date set for trial.
Charts or diaqrams to be used in openinq or
closinq: Pursuant to Minnesota General Rules of
Practice §8 (Minnesota civil Trialbook), these
items shall be exchanged or made available for
viewing by opposing counsel.
Proposed ~ury instructions: Counsel shall furnish
the Court with each proposed instruction. These
shall be numbered and on a separate page and shall
contain citation to legal authority. If the
proposed instruction is contained in the Jury
Instruction Guide, reference to the number of the
instruction is sufficient.
Proposed special verdict forms: Counsel shall
furnish the Court with requested verdict forms. If
the proposed question is contained in the Verdict
Forms of the Jury Instruction Guide, reference to
its number is sufficient.
Jury selection: Counsel shall advise the
court in writing as to issues regarding peremptory
challenges and as to any requested jury voir dire,
it being the intention of the Court to conduct the
examination, allowing further inquiry as the Court
deems proper, pursuant to Rule 47.01 of the Rules
of civil Procedure.
ComDuter Discs: Proposed special verdict forms
and jury instructions may be submitted to the
Court on 3.5 inch computer discs using either Word
Perfect or Microsoft Works programs. Original
hard copies must still be filed with the Court.
Failure to comply. Failure to comply with the
provisions of this Order may result in the imposition of
sanctions, to include striking of pleadings, refusal to
submit certain designated claims or defenses, exclusion of
exhibits, prevention of a witness from testifying or any
other Order the Court deems appropriate, including dismissal
of the action or entry of default judgment. A failure
to furnish proposed jury instructions and/or proposed
verdict forms shall be deemed a waiver by each party as
to the right to trial by jury on the issue so omitted
pursuant to the provisions of Rule 49.01(a) of the Minnesota
Rules of Civil Procedure.
Continuances. Counsel shall be prepared to offer
evidence in a timely manner. The Court will not grant
continuances to produce witnesses or evidence except in the
most extraordinary circumstances. If a witness is
unavailable to testify at trial, depositions shall be
taken for use at trial, pursuant to the Minnesota Rules of
Court, subject to Paragraphs 5, 6 and 7 herein, and a copy
shall be provided to the Court.
IT IS FURTHER ORDERED that absent written objection
filed with this Court within thirty (30) days of the date of
this Order, each counsel, on behalf of his or her clients,
agrees that:
1. Entry of judgment on a general verdict or an order
for judgment based on a special verdict may be
stayed for 30 days from and after the date of the
verdict.
2. A sealed verdict may be returned in the event that
court is not in session. The jury will return the
verdict at the next session of the Court.
3. The presence of the clerk and reporter, the right
to poll the jury and the right to have the verdict
immediately recorded and filed in open court are
waived.
4. A 5/6ths verdict may be returned after six hours
from the time the jury retires to commence its
deliberations excluding time required for meals,
recesses or further instructions.
Se
Dated:
Any other judge of District Court may receive and
accept the return of the verdict if the presiding
judge is unavailable for any reason.
~arilyn B~$w~ Rbsenbaum
Judge of ~istrict Court
Refer all questions to:
(612) 348-8779
~2, .1 il I~ · It, ! ,I,
MARTIN OLAV SABO
5th District, Minnesota
2336 Rayburn House Office Building
Washington, D.C. 20515
(202) 225-4755
462 Federal Courts Building
110 South 4th Street
Minneapolis, Minnesota 55401
(612) 348-1649
December 16, 1993
COMMITTEE ON BUDGET
Chairman
COMMITTEE ON APPROPRIATIONS
Subcommittees:
Defense Transportation
Treasury-Postal Service-General Government
DEPUTY MAJORITY WHIP
The Honorable Skip Johnson
City of Mound
5341 Maywood Road
Mound, Minnesota 55364-1687
DEC 2 0 1993
Dear Mayor Johnson:
Thank you for contacting me to express your conce~s about the impact of
federal legislative and regulatory mandates on state and local governments. I
appreciate hearing from you.
As you know, budgets are tight at all levels of government. It is clear
that we must examine our goals and find ways to achieve them with fewer
resources. Intergovernmental cooperation is essential if we are to succeed.
I also agree that Congress must become more sensitive to costs when
examining the effectiveness of federal programs. In some cases, it may be
appropriate to permit greater flexibility for state and local governments to
meet federal goals. However, I do not believe that a ban on "unfunded federal
mandates" would produce the universally desired result of more effective
government at all levels° Congress shares with state and local governments
the responsibility to ensure that basic needs and minimum standards of health
and safety are available for all Americans. We must work together to
accomplish these goals.
Earlier this fall, Vice President Gore presented a report on ~he results
of the National Performance Review (NPR), a study containing 800
recommendations intended to make the federal government more efficient and
economical. A number of 9overnment reform proposals were incorporated into
H.R. 3400, the Government Reform and Savings Act, which the House of
Representatives passed on November 22, 1993. House committees will continue
their review of the NPR recommendations when Congress reconvenes in January.
In addition, Congress is reviewing a number of major environmental laws,
including the Superfund, Clean Water and Safe Drinking Water laws. Successful
reauthorization of these measures will require meaningful input from state and
local 9overnments in the comin9 months.
You may also be aware that the proposed Penny-Kasich amendment to
H.R. 3400 would have increased Medicare recipients' costs, resultin9 in an
indirect increase of $5.1 billion in the states' share of Medicaid costs.
THIS PAPER MADE WITH RECYCLED FIBERS -- PLEASE RECYCLE
The Honorable Skip Johnson
December 16, 1993
Page 2
For this and a number of other reasons, I strongly opposed the Penny-Kasich
amendment, which was ultimately rejected by the House.
Thank you again for your letter. I understand your concerns, and
I will keep them in mind as the House examines these important issues.
Sincerely,
Martin 01ay Sabo
Member of Congress
MOS:rb
DEC 199;,.3
12-20-93
Edward Shukle
City of Mound
5341 Maywood Road
Mound, MN. 55364
Last year, in response to the LMCD license fee increase to the multiple docks, our group
was formed and engaged legal counsel to prevent the LMCD from charging beyond their
legal authority. After some discussion with the LMCD and several appearances by our
lawyer, we agreed to accept a reduction in fees for 1993 by 33.5% (from $15 per WSU to
$10 per WSU). Two other decisions were made during that time: 1) They will be
implementing an accounting system to track the cost of issuing and implementing the
multiple dock license; 2) They will defer 80% of the license fee to the spring of the year
in leu of prepaying the license the year prior to the boating season.
Several members of our group followed up on the agreement by meeting with the LMCD
regularly. Grays Bay Marina, Rockvam Boat Yards, Shorewood Yacht Club, and Tonka
Bay Marina attended most of the meetings. We are awaiting the final results of the
LMCD accounting before we call a Multiple Dock meeting.
As a point of interest, there are several law suits at the present time in the courts regarding
the same issue with several municipalities that we are keeping an eye on. We feel these
suits will reduce our litigating cost if it should become necessary.
December 16, 1993
Garsten Management Corporation
l~r(~fcssional real estate rnanagement
Ferner Johnson, Mayor
City of Mound
5341 Maywood Road
Mound, MN 55364
On behalf of the Lakewinds Condominium Association and Garsten Management Corporation,
I am writing to thank you for supporting the conditional use permit to allow Lakewinds residents
to use the Donnies lot. This will provide much-needed overflow parking for Lakewinds
residents and guests. Given the fact that the Lakewinds Association only has 266 parking spaces
(including garages, handicapped spaces and visitor spaces) for 191 condominium homes, the
option for residents to park their cars in the Donnies lot will alleviate a great deal of congestion.
At the present time, we are doing everything we can to make certain that the conditions for this
conditional use permit are adhered to. Specifically, we have asked the Turnquists to provide us
with written authorization to tow and remove vehicles. Currently, we are unable to get a towing
service to remove a boat from the site because we do not have written permission from the
owners to show to the towing company.
We are, however, using other means at our disposal. For example, a pontoon boat and trailer
(with a broken axle) are currently parked at the site and have dealer plates. We have been able
to track down the owner's wife. We learned, however, that he is seperated from her and living
with his mother in Hopkins. We were not able to get a phone number from his wife. As soon
as we are able to reach him, we will strongly ask him to remove this unauthorized boat and
trailer.
Any other unauthorized vehicles, boats trailers, etc. will be towed as soon as we are able to
secure the necessary written permission from the Turnquists. In the mean time, we will attempt
to track down owners of offending vehicles and ask them to remove their vehicles, trailers, or
boats.
Our on-site coordinator is available at the following numbers should any problems or questions
Diane Maloney office: 472-7777
cellular: 720-4834
She is prepared to take immediate action if ever contacted regarding a problem. If she is
unavailable, please contact our office at 646-1515.
2550 University Avenue West, Suite 110
St. Paul, Minnesota 55114-1052
FAX (612) 646-8947
(612) 646-1515
Thank you again for supporting and passing the resolution to approve a conditional use permit
for the Lakewinds Association.
Michael A. Koch
Property Manager
LAKE MINNETONKA CONSERVATION DISTRICT
December 21,
TO:
FROM:
SUBJECT:
1993
City Administrators
LMCD Member Cities
Gene Strommen~~,~
"Shorezone" Public Education Signs at Accesses
and 1993 LMCD Highlights Report
ACCESS SIGNAGE ON VEHICLE SHORE TRAVEL. An effort to
communicate a long-standing LMCD ordinance governing
motorized vehicle travel on Lake Minnetonka is now underway.
Signs have been placed at public accesses and certain
accesses open only during winter months which state:
NO MOTORIZED
VEHICLE TRAVEL
WITHIN 150' OF SHORE
LMCD Ordinance 3.11, Sub. 4
Lake access is permitted where these signs are posted.
message is directed at "TRAVEL" along the shore.
The
You will also find it helpful to review the "Shorezone"
paragraphs in the Lake Minnetonka winter rules flyer on the
inside pages 2 and 3. More detail is contained as to keeping
vehicle speeds within narrow areas of the lake where the
width may be 300 ' or less limited to ]5 mph. This would
cover channels and other restricted lake areas.
The Sheriff's Water Patrol knows of the public awareness we
are trying to develop on keeping vehicle travel away from
shore. This hopefully will preserve the near-shore area for
passive uses such as cross country skiing, ice skating and
walking..
If you have a winter access where you believe a sign should
be placed, please let us know.
1993 LMCD REPORT HIGHLIGHTS. The enclosed news release
covers highlights of LMCD's more significant actions dealing
with public issues this year. They will be appearing in the
weekly newspapers soon. We want you to have a copy so you
are aware internally. You are encouraged to circulate them
to your elected officials as well.
Best wishes for the holidays and for a productive new year!
P.S. If you need more sets of Winter Rules, please call Jan or JoAnn, 47,3~7033
j, · i,,
LAKE MINNETONKA CONSERVATION DISTRICT
December 20, 1993 News Release Contact:
SUBJECT: 1993 Lake Minnetonka Report Highlights
Gene Strommen
473-7033
Closing out the 1993 program year for the Lake Minnetonka
Conservation District (LMCD) board of directors marks the
organization's 26th anniversary. Priorities have shifted during
these years, but the needs are similar -- preserve the lake's
environmental and recreational values.
Anticipating these needs, as well as finding ways to correct
the course this year under the leadership of 1993 Chair Dave
Cochran, Greenwood, resulted in the following actions taken by the
LMCD board:
> New ordinance adopted prohibiting non-encased molded
polystyrene foam in floating structures -- docks, boat
moorings, swim rafts, similar uses.
> Joint Lake Minnetonka Dredging Policy statement adopted by
the MN DNR, Minnehaha Creek Watershed District and LMCD.
> Minimum wake area extended from the Kings Point public boat
launch access to reduce nearby shoreline disturbance.
> Agreement reached with Hennepin County Department of
Environmental Management to place green navigational lights
at the Narrows Channel entrances.
> Three-year terms for board members adjusted so expirations
occur on a staggered basis.
> Quarterly meetings initiated with LMCD member city mayors.
1993 LMCD LAKE MINNETONKA REPORT HIGHLIGHTS, 12/20/93, P. 2
> Lake Access Task Force Study completed with recommendations
to LMCD Lake Access Committee for final report compilation.
> High water emergency "minimum wake" ordinance adopted to
protect shoreline from erosion, lasting about seven weeks.
> Watercraft decibel level limit reduced from 82 dba to 80
dba to improve the lakeshore aesthetic environment. Loud
boats are not welcome!
> Save the Lake Fund financed lake environment projects by:
* Co-sponsoring an extensive 1993 "Secchi disc" water
clarity/temperature monitoring with the Lake Minnetonka
Lakeshore Owners Assn. and the Freshwater Foundation --
* Providing a partial matching grant for a Hennepin Parks
surface water runoff study from lake area golf courses -
* Promoting water safety use of personal flotation devices
through a "PFD" whistle supply to Hennepin County
Sheriff's Water Patrol --
* Providing "state of the art" radar guns to Hennepin
County Sheriff's Water Patrol to monitor boat speeds --
* Installing educational signs at winter shore accesses
advising access users "No Motorized Vehicle Travel
Within 150' of Shore" is allowed, in an effort to
protect passive shore zone walking, skiing and skating.
Vehicles are permitted on the ice with travel and speed
restrictions.
1993 LAKE MINNETONKA REPORT HIGHLIGHTS, 12/20/93, P. 3
* Partially funded year five of the Eurasian water milfoil
weed harvesting operation.
* Continuing to supply winter and summer lake rules to
lake users through public access boxes, city halls, bait
shops and lake-related businesses.
> Environment Con~nittee received board support to engage a
technical specialist to develop an action plan addressing Lake
Minnetonka Management Plan objectives and policies.
Administratively, the board processed a range of variance
requests and new dock licenses and amendments to licenses
throughout the year. A watercraft inventory of boats stored in the
water or slides contiguous to the water reached a 15 year high of
8,883, the previous high being 8,796 in 1986.
1994 LMCD Chair Bill Johnstone, Minnetonka, looks forward
to building on the work in process. He continues to seek
municipal, agency and citizen feedback on priorities which LMCD is
addressing or should consider in its current and future plans.
Comments may be mailed to the LMCD chair, 900 E. Wayzata
Blvd., Rm. 160, Wayzata MN 55391. LMCD staff may be reached by
phone at 473-7033.
Thank you for your interest, and the best for a
successful new year!