IV.4. Approval of Cooperative Agreement with the City of Minnetonka for Joint Recreation Services; Imihy CITY OF HOPKINS
City Council Report 2025-013
To: Honorable Mayor and Council Members
Mike Mornson, City Manager
From: Laila Imihy, AICP, Special Projects and Initiatives Manager
Date: January 21, 2025
Subject: Cooperative Agreement with the City of Minnetonka for Joint Recreation
Services
_____________________________________________________________________
RECOMMENDED ACTION
MOTION TO approve the cooperative agreement for joint recreation services.
OVERVIEW
Since 1986, the of Hopkins and Minnetonka have jointly operated a recreation program
which provides the residents of both cities with high quality recreational programming
appropriate to a wide range of ages, abilities, and interests. This agreement, which is
attached, expired in 1986, however both cities have continued to operate the program
under similar terms to the original agreement.
In late 2024, staff and the city attorney for both communities began the process of
updating the agreement. Changes to the agreement reflect current practices by both cities
as they relate to joint recreation and extends the length of the contract for another 30
years. Revisions made from the 1986 Agreement are generally minor and do not change
the cooperative relationship in any significant way.
The Hopkins Park Board reviewed the proposed agreement at their December 2024
meeting and recommended approval of the contract. The city of Minnetonka is set
to approve the agreement at their upcoming City Council meeting on January 27, 2025.
SUPPORTING INFORMATION
•1986 Joint Powers Agreement
•Cooperative Agreement with the City of Minnetonka
•MOU for Joint Recreation Agreement
Administration
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COOPERATIVE AGREEMENT
RELATING TO JOINT RECREATIONAL PROGRAM
This Agreement is made as of _________, 2025 by and between CITY OF MINNETONKA, a
Minnesota municipal corporation (“Minnetonka”), and CITY OF HOPKINS, a Minnesota
municipal corporation (“Hopkins”).
Recitals
A. Under Minn. Stat. § 471.15, Minnetonka and Hopkins are each authorized to operate a
program of public recreation. Under Minn. Stat. §§ 471.16 and 471.59, the parties are
authorized to cooperate in the operation of a joint program of public recreation.
B. Minnetonka and Hopkins are parties to an agreement dated July 1, 1986 and titled “An
Agreement between the City of Minnetonka and the City of Hopkins to Provide a Joint
Recreational Program” (the “1986 Agreement”). The 1986 Agreement formally expired Dec. 31,
1986, but the parties have continued to operate a joint recreation program based on the
fundamental concepts of the 1986 Agreement.
C. For nearly 40 years, the parties have operated a joint recreation program that has
served the residents of both cities with high quality recreational programming appropriate to a
wide range of ages, abilities, and interests.
D. The parties appreciate the success of the joint recreation program and desire that it
continue according to the terms of this Agreement.
Terms
ARTICLE 1: GENERAL PROVISIONS
1.1. Recitals incorporated. The recitals set forth above are incorporated into and made a part
of this Agreement.
1.2. Joint recreation program. The parties agree to operate a joint program of public
recreation for the benefit of their respective communities, according to the terms of this
Agreement.
1.3. Data practices; records. Each party agrees to comply with the Minnesota Government
Data Practices Act (Minn. Stat. ch. 13, the “MGDPA”) and to maintain official records created,
collected or maintained in performance of this Agreement in accordance with Minn. Stat. 15.17
and 138.17. To the extent that Minnetonka is required to share data with Hopkins that is
classified as private under Minn. Stat. § 13.43, Hopkins agrees to maintain that data as required
by the MGDPA.
1.4. Audit. Pursuant to Minnesota Statutes § 16C.05, Subd. 5, any books, records,
documents, and accounting procedures and practices of Hopkins and Minnetonka relevant to
this Agreement are subject to examination by Hopkins, Minnetonka, and either the Legislative
Auditor or the State Auditor as appropriate. Hopkins and Minnetonka agree to maintain these
records for a period of six years from the date of performance of all services covered under this
Agreement.
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1.5. Non-exclusivity. This Agreement is a non-exclusive contract. Nothing in this Agreement
is intended or should be construed as prohibiting either party from contracting with other
governmental entities or nonprofit organizations to provide recreational services to its respective
community.
1.6. Amendments. This Agreement may be amended at any time by mutual agreement of
the parties. All amendments must be in writing and approved by the city council of each party.
ARTICLE 2: RECREATION DIRECTOR AND STAFFING
2.1. Recreation director. The joint recreation program shall be administered and overseen by
a Recreation Director. The Recreation Director will be the same person who serves as director
of the Minnetonka Recreation Services Department or any equivalent successor department
that may be subsequently established by Minnetonka. The Recreation Director will be a
Minnetonka employee, subject to the direction, control, salary schedule and policies of
Minnetonka, except as expressly modified by this Article 2.
2.2. Hiring. The selection and retention of the Recreation Director is a matter of joint concern
by Minnetonka and Hopkins. Minnetonka agrees to cooperate with Hopkins in filling any
vacancy in the position of Recreation Director, including obtaining input on job description and
salary range, posting and advertising of the position, and selection of finalists for interviews. T he
city managers of both cities will conduct interviews of finalists. The Minnetonka city manager will
make the final hiring decision, with written concurrence of the Hopkins city manager.
2.3. Reviews; investigations. The Minnetonka city manager will solicit feedback from the
Hopkins city manager for any performance reviews of the Recreation Director. If disciplinary
investigations are necessary, Minnetonka will consult Hopkins staff only to the extent necessary
for the conduct of the particular matter under investigation.
2.4. Termination. The Minnetonka city manager must consult with the Hopkins city manager
prior to making any decision to terminate the Recreation Director.
2.5. Duties of Recreation Director. The Recreation Director is responsible for overall
supervision and management of the joint recreation program and for ensuring that the program
operates within its approved budget. The Recreation Director will: (a) attend regularly-scheduled
meetings of Hopkins leadership staff, as may be requested by the Hopk ins city manager, (b)
attend meetings of the Hopkins Park Board, on a quarterly basis; (c) participate in other
processes and meetings required for Hopkins leadership staff; and (d) report to the Hopkins city
council.
2.6. Other staff. Minnetonka will hire other employees necessary to the operation of the joint
recreation program, consistent with procedures applicable to other similar employees of
Minnetonka. Minnetonka shall be solely responsible for the hiring, discipline and termination of
its employees. Hopkins may provide feedback to the Recreation Director regarding the
performance of any employee providing services as part of the joint recreation program.
Minnetonka will consult with Hopkins staff regarding disciplinary investigations of joint recreation
staff only to the extent necessary for the conduct of the particular matter under investigation.
2.7. Minnetonka employees. The Recreation Director and all other Minnetonka employees
who perform services related to the operation of the joint recreation program shall not be
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considered employees of Hopkins for any purpose. Minnetonka is responsible for complying
with all applicable laws governing the employment relationship, including but not limited to laws
related to minimum wage, overtime, unemployment insurance, paid family medical leave,
earned sick and safe time, workers’ compensation insurance, payment of wages, payroll taxes,
and nondiscrimination requirements. Minnetonka shall determine the compensation and benefits
to be paid to all such employees, except for the obligation to consult with the Hopkins city
manager on the salary range for the Recreation Director position. Minnetonka shall include the
costs of providing salary or wages, benefits and insurance premiums for such employees in the
joint recreation program budget, but it shall not include in the budget any costs for payment of
workers’ compensation claims, disability claims, or similar claims, where payments are made to
individual employees in resolution of disputes.
ARTICLE 3: PROGRAM DEVELOPMENT; BUDGETING AND COST ALLOCATION
3.1. Program development. Minnetonka staff will develop program offerings for the joint
recreation program in consultation with Hopkins staff and under the direction and supervision of
the Recreation Director; the Recreation Director will consult with the Minnetonka and Hopkins
city managers as appropriate. To the extent possible, programs offered through the joint
recreation program should have fee structures designed to support the operational costs of the
program, including supplies, equipment and staffing. The locations for program offerings should
be equitably distributed in both cities, based on the physical facilities required for the program
and the availability of those facilities. Minnetonka and Hopkins staff will cooperate in reserving
facilities for the joint recreation program. Joint recreation programs will not distinguish between
Hopkins and Minnetonka residents for purposes of program eligibility or fees. The overall
program offerings should be designed to appeal to and be accessible by individuals residing
and working within both cities who are diverse in multiple characteristics including specifically all
classifications of individuals protected by the Minnesota Human Rights Act. The seasonal
program brochures that advertise joint recreation program offerings must equitably allocate
space for each party to advertise recreational facilities that are not used for joint recreation
programs, as agreed upon between the director and Hopkins’ city staff.
3.2. Budget approval. The Recreation Director annually must prepare a proposed budget for
the operation of the joint recreation program, in cooperation with the city managers of each
party. The budget must show the total cost allocation for each city, using the allocation formula
set forth in section 3.3 of this Agreement. The city managers for both cities must consult and
make any adjustments as mutually agreed before presenting the budget to their respective city
councils. If the city managers are unable to agree upon a proposed budget, a joint meeting of
the city councils of Hopkins and Minnetonka may be scheduled upon 15 days’ prior notice. If the
city councils are unable to agree to a proposed budget, the final decision shall be made by the
Minnetonka city council.
3.3. Cost allocation. The parties agree to share in the costs of the joint recreation program as
provided in this section 3.3.
3.3.1. Except as provided in section 3.3.1 below, the costs to be shared include all
costs for the operation of the joint recreation program, including but not limited to:
hourly wages or salaries paid to all joint recreation staff, including the Recreation
Director; the cost of employee benefits (in addition to wages or salaries) paid for
joint recreation staff; supplies and equipment purchased or rented for the
operation of the joint recreation program; and fees paid to independent
contractors such as instructors and other professionals engaged to perform
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services in connection with the joint recreation program; and liability claims as
provided in section 5.1 of this Agreement. No capital expenditures will be
included in the shared costs, except as provided at section 4.1 of this Agreement
and the agreements referenced in that section. Minnetonka agrees to be
responsible for 67 percent of the shared costs, and Hopkins agrees to be
responsible for 33 percent of the shared costs.
3.3.2. The parties may enter into one or more separate supplemental agreements that
deviate from the provisions of 3.3.1 above for specific program or personnel
costs. Any supplemental agreement must reference this section 3.3.2, must
specify the duration of the supplemental agreement (which may be extended
from time to time or replaced with a new supplemental agreement) and must be
approved by the parties’ city councils.
3.4. Payment. Hopkins shall pay its share of costs to Minnetonka on an annual basis, no later
than April 1 of the applicable budget year.
ARTICLE 4: PERSONAL AND REAL PROPERTY
4.1. Shady Oak Beach property. The real property located at 5200 Shady Oak Road,
generally known as Shady Oak Beach, is owned by Hopkins but located within Minnetonka. The
use, operation and maintenance responsibilities of the parties with respect to Shady Oak Beach
are governed by a Ground Lease Agreement dated Sept. 14, 1998, filed Feb. 17, 2010 in the
office of the Hennepin County Recorder as Document No. A9480924 and filed Feb. 17, 2010 in
the office of the Hennepin County Registrar of Titles as Document No. T4730539 (“Ground
Lease”) and the Agreement for Improvements to and Operation of Shady Oak Beach
incorporated into and attached as Exhibit B to said Ground Lease, as said Ground Lease may
be amended from time to time.
4.2. Other real properties.
4.2.1. Each of the parties owns, operates and maintains real properties, other than
Shady Oak Beach, that may be used in connection with the operation of the joint
recreation program (“Real Properties”). A list of the Real Properties is attached
as Exhibit A to this Agreement. The parties agree to update Exhibit A as needed
during the term of this Agreement, and to append each update to this Agreement.
Each update shall be titled consecutively (e.g., Exhibit A-1, Exhibit A-2), shall
include an effective date, and shall be verified by initials of the Hopkins city
manager and the Recreation Director.
4.2.2. Except as provided in section 4.2.3 below, the parties agree to make their
respective Real Properties available for use of the joint recreation program at no
charge. Each party is solely responsible for the cost of capital improvements,
maintenance, upkeep, and insurance of their respective Real Properties, and
those costs will not be included in the budget for the joint recreation program.
Each party retains ownership of its own Real Properties and establishing and
enforcing policies and ordinances applicable to the use of its Real Properties,
including but not limited to park regulations.
4.2.3. The parties may enter into one or more separate supplemental agreements to
deviate from the provisions of 4.2.2 above for a specific Real Property, whether
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existing or acquired after the date of this Agreement. Any supplemental
agreement must reference this section 4.2.3, must specify the duration of the
supplemental agreement (which may be extended from time to time or replaced
with a new supplemental agreement) and must be approved by the parties’ city
councils.
4.3. Personal property. Each party retains ownership of any equipment and supplies that it
provides for use of the joint recreation program; each party agrees to provide the equipment and
supplies without charge to the other party or to the joint recreation program budget. Minnetonka
is responsible for purchasing any equipment and supplies that are required solely for use by the
joint recreation program, provided that the cost is included within the approved budget for the
program (“Program Equipment”). Minnetonka must maintain an inventory of all Program
Equipment. Upon termination of this Agreement, the parties shall divide any Program
Equipment between themselves based on estimated sale value; Minnetonka shall be entitled to
Program Equipment representing 67 percent of the estimated sale value of all Program
Equipment; and Hopkins shall be entitled to Program Equipment representing 33 percent of the
estimated sale value of all Program Equipment.
ARTICLE 5: LIABILITY
5.1. Liability. The parties agree to defend, indemnify and hold each other harmless, including
their officials, officers, agents, volunteers, and employees from any liability, claims, causes of
action, judgments, damages, losses, costs or expenses, including reasonable attorneys’ fees,
arising out of this Agreement and resulting directly or indirectly from any act or omission of the
indemnifying party or its employees, agents or contractors The parties’ liability shall be
governed by the provisions of Minnesota Statutes, Chapter 466 or other applicable law.
5.2. Insurance. Each party agrees to obtain and keep in force a policy of public liability
insurance to provide coverage for claims, losses, damages, and expenses, including attorneys’
fees, that arise out of the operation of the joint operation program under this Agreem ent. Each
party will name the other as an additional insured in such policies and shall obtain such
policy(ies) from a reputable insurance company authorized to do business in Minnesota or
through a self-insurance pool organized pursuant to Minnesota Statutes §471.981.
5.3. Indemnification. Subject to the limitations and immunities of MN Statute Chapter 466,
each party will defend and indemnify the other, its officers, employees and agents from and
against Property Claims involving Real Properties owned by the indemnifying party. Under no
circumstances, however, shall a party be required to pay on behalf of itself and the other party
any amounts in excess of the limits on liability established in Minnesota Statutes Chapter 466
applicable to any one party. The limits of liability for both parties may not be added together to
determine the maximum amount of liability for either party. The intent of this paragraph is to
impose on each party a limited duty to defend and indemnify the other subject to the limits of
liability under Minnesota Statutes Chapter 466. The purpose of creating this duty to defend
and indemnify is to simplify the defense of claims by eliminating conflicts among the parties
and to permit liability claims against both parties from a single occurrence to be defended by a
single attorney.
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ARTICLE 6: DISPUTE RESOLUTION
6.1. Meet and confer. If a dispute arises between the parties regarding this Agreement, the
city managers of each city must promptly meet and attempt in good faith to negotiate a
resolution of the dispute.
6.2. Mediation. If the parties have not negotiated a resolution of the dispute within 30 days
after this meeting, the parties may jointly select a mediator to facilitate further discussion. Each
party agrees to pay 50 percent of the mediator’s invoice for services.
6.3. Arbitration. If a mediator is not used or if the parties are unable to resolve the dispute
within 30 days after first meeting with the selected mediator, either party may submit the
dispute to binding arbitration in accordance with the commercial arbitration rules of the
American Arbitration Association, except that disputes involving an amount less than $25,000
will be submitted to a single arbitrator. Each party is responsible for its own attorney’s fees and
costs incurred, and 50 percent of the arbitration fees.
ARTICLE 7: TERM; TERMINATION
7.1. Term. This Agreement shall continue in effect until amended by agreement of the
parties or until terminated as provided in this Article 7.
7.2. Termination; notice. Either party may terminate this Agreement by giving written notice
to the other party at least two years prior to the date on which all joint program services will no
longer be offered to the public (the “Program End Date”). The notice must be sent to the
attention of the city manager of the other party, addressed to the official city hall of the other
city, and sent by United States mail or personal delivery.
7.3. Accounting. In the event of a termination, Minnetonka must prepare an accounting as to
all jointly purchased supplies and equipment and any outstanding liabilities. The parties shall
distribute jointly purchased supplies and equipment as provided in section 4.3 of this
Agreement or, in the alternative, may sell such supplies and equipment. The parties shall settle
the final accounting of all assets and liabilities within 90 days after the Program End Date,
which shall be the date on which this Agreement terminates.
7.4. Continuing obligations. The provisions of Articles 1, 5 and 6 remain in effect after
termination of this Agreement. If a Program Liability arises after termination of this Agreement,
the parties agree to share the cost of the Program Liability as provided in Article 5.
[signature pages follow]
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Signature Page – Hopkins
CITY OF HOPKINS
By
Patrick Hanlon, Mayor
By
Michael Mornson, City Manager
8
Signature Page --- Minnetonka
CITY OF MINNETONKA
By
Brad Wiersum, Mayor
By
Michael S. Funk, City Manager
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Exhibit A
List of Real Properties
Owner Property address/name Applicable section
Hopkins Shady Oak Beach
5200 Shady Oak Rd,
Minnetonka
4.1
Hopkins Hopkins Pavilion
11000 Excelsior Boulevard
Hopkins
4.2
Hopkins Hopkins Activity Center
33 14th Ave N
Hopkins
4.2
Hopkins Hopkins Center for the Arts
1111 Mainstreet
Hopkins
4.2
Metropolitan Council, leased
by City of Hopkins & Three
Rivers Parks District
Hopkins Depot
9451 Excelsior Blvd
Hopkin
4.2
Hopkins Buffer Park
400 5th Street S
Hopkins
4.2
Hopkins Burnes Park
301 2nd Street N
Hopkins,
4.2
Hopkins Central Park
101 16th Avenue S
Hopkins
4.2
Hopkins Cottageville Park
435 Blake Rd N
Hopkins
4.2
Hopkins Downtown Park
40 9th Avenue S
Hopkins
4.2
Hopkins Elmo Park
1401 Elmo Park Service
Road
Hopkins
4.2
Hopkins Harley Hopkins Park
108 Jackson Avenue S
Hopkins
4.2
Hopkins Hilltop Park
2020 4th Street N
Hopkins
4.2
10
Hopkins Interlachen Park
230 Homedale Road
Hopkins
4.2
Hopkins Maetzold Field
1215 1st Street n
Hopkins
4.2
Hopkins Oakes Park
900 Lake Street NE
Hopkins
4.2
Hopkins Raspberry Park
635 6th Avenue S
Hopkins
4.2
Hopkins Valley Park
700 8th Street S
Hopkins
4.2
Minnetonka Williston Fitness Center,
14509 Minnetonka Drive,
Minnetonka
4.2
Minnetonka The Marsh, 15000
Minnetonka Blvd.,
Minnetonka
4.2
Minnetonka Community Center, 14600
Minnetonka Blvd.,
Minnetonka
4.2
Minnetonka Glen Lake Activity Center,
14350 Excelsior Blvd.,
Minnetonka
4.2
Minnetonka Big Willow Park and
Preserve
4.2
Minnetonka Boulder Creek Park
5948 Stoneybrook Dr.
Minnetonka
4.2
Minnetonka Civic Center Park
14600 Minnetonka Blvd.
Minnetonka
4.2
Minnetonka Covington Park
18920 Manchester St.
Minnetonka
4.2
Minnetonka Crane Lake Preserve
Wayzata Blvd. South
Frontage Rd.
Minnetonka
4.2
Minnetonka Elmwood-Strand Park
3610 Elmwood Pl.
Minnetonka
4.2
Minnetonka Ford Park
2115 Ford Rd.
Minnetonka
4.2
11
Minnetonka Glen Lake Park
5240 Glenview Dr.
Minnetonka
4.2
Minnetonka Glen Lake Station Park
Excelsior Blvd. & Beacon
Hill. Rd.
Minnetonka
4.2
Minnetonka Glen Moor Park
700 W. Glen Moor Rd.
Minnetonka
4.2
Minnetonka Gray’s Bay Causeway Park
17232 Co. Rd. 101
Wayzata
4.2
Minnetonka Green Circle Park
5600 Green Circle Dr.
Minnetonka
4.2
Minnetonka Gro Tonka Park
17003 Prospect Place
Minnetonka
4.2
Minnetonka Groveland Park
16710 Cottage Grove Ave.
Wayzata
4.2
Minnetonka Guilliam’s Field Park
12101 Minnetonka Blvd.
Minnetonka
4.2
Minnetonka Hilloway Park
12145 Hilloway Rd.
Minnetonka
4.2
Minnetonka Holiday Lake Park
5230 Woodland Rd.
Minnetonka
4.2
Minnetonka Junction Park
12305 Excelsior Blvd.
Minnetonka
4.2
Minnetonka Kelly Park
17500 Excelsior Blvd.
Minnetonka, MN 55345
4.2
Minnetonka Kinsel Park
14107 Kinsel Road
Minnetonka
4.2
Minnetonka Knollway Park
895 Horn Dr.
Minnetonka
4.2
Minnetonka Lake Charlotte Park
16500 Norwood Dr.
Minnetonka
4.2
12
Minnetonka Lake Rose Preserve
5728 Lake Rose Drive
Minnetonka
4.2
Minnetonka Libbs Lake Beach Park
16515 Park Lane
Wayzata
4.2
Minnetonka Linner Park
2022 Linner Rd.
Wayzata
4.2
Minnetonka Lone Lake Park and
Preserve
5624 Shady Oak Rd.
Minnetonka
4.2
Minnetonka Mayflower Park
2835 Mayflower Ave.
Minnetonka
4.2
Minnetonka McKenzie Park
14950 Mckenzie Blvd.
Minnetonka
4.2
Minnetonka Meadow Park and Preserve
2725 Oakland Rd.
Minnetonka
4.2
Minnetonka Mini-Tonka Park
16001 Lake St. Ext.
Minnetonka
4.2
Minnetonka Minnehaha Creek
Headwaters Park
16501 Grays Bay Blvd.
Wayzata
4.2
Minnetonka Minnetonka Mills Park
13209 E. McGinty Rd.
Minnetonka
4.2
Minnetonka Mooney Park
2910 Oak Lea Dr.
Wayzata
4.2
Minnetonka Oberlin Park
11597 Oberlin Rd.
Minnetonka
4.2
Minnetonka Orchard Park
12595 Orchard Rd.
Minnetonka
4.2
Minnetonka Pioneer Park
12117 Pioneer Rd.
Hopkins
4.2
Minnetonka Purgatory Park and Preserve
17315 Excelsior Blvd.
Minnetonka
4.2
13
Minnetonka Reich Park
18601 Beaver Trail
Minnetonka
4.2
Minnetonka Ridgedale Commons,
12590 Ridgedale Drive,
Minnetonka
4.2
Minnetonka Spring Hill Park
16714 Seymour Dr.
Minnetonka
4.2
Minnetonka Sunrise Ridge Park
Minnetonka Circle
Minnetonka
4.2
Minnetonka Tower Hill Park
4525 Williston Rd.
Minnetonka
4.2
Minnetonka Victoria-Evergreen Park
3801 Victoria St.
Minnetonka
4.2
Minnetonka Westwood Park
9 Westwood Rd.
Minnetonka
4.2
Minnetonka Wilson Park
4203 Victoria St.
Minnetonka
4.2
Minnetonka Woodgate Park
5090 Highland Rd.
Minnetonka
4.2
Effective date: [insert date same as date on page 1]
Initials:
Hopkins Mgr. Recreation Director
MEMORANDUM OF UNDERSTANDING
REGARDING COOPERATIVE AGREEMENT
RELATING TO JOINT RECREATION PROGRAM
THIS MEMORANDUM OF UNDERSTANDING (“MOU”) is entered into by and between CITY OF
HOPKINS, a Minnesota municipal corporation (“Hopkins”) and CITY OF MINNETONKA, a
Minnesota municipal corporation (“Minnetonka”).
Recitals
A. Hopkins and Minnetonka are parties to a joint powers agreement entitled “Cooperative
Agreement Relating to Join Recreational Program,” dated ___________, 2025 (the “JPA”).
B. In general, the JPA provides that Minnetonka will provide staffing and oversight of a joint
recreation program, utilizing facilities owned by each of the parties, for the benefit of both Hopkins
and Minnetonka resident and that the parties will share the costs of the joint recreation program.
C. Section 3.1 of the JPA provides as follows:
3.1. Program development. Minnetonka staff will develop program offerings for the
joint recreation program in consultation with Hopkins staff and under the direction and
supervision of the Recreation Director; the Recreation Director will consult with the
Minnetonka and Hopkins city managers as appropriate. To the extent possible,
programs offered through the joint recreation program should have fee structures
designed to support the operational costs of the program, including supplies, equipment
and staffing. The locations for program offerings should be equitably distributed in both
cities, based on the physical facilities required for the program and the availability of
those facilities. Minnetonka and Hopkins staff will cooperate in reserving facilities for the
joint recreation program. Joint recreation programs will not distinguish between Hopkins
and Minnetonka residents for purposes of program eligibility or fees. The overall
program offerings should be designed to appeal to and be accessible by individuals
residing and working within both cities who are diverse in multiple characteristics
including specifically all classifications of individuals protected by the Minnesota Human
Rights Act. The seasonal program brochures that advertise joint recreation program
offerings must equitably allocate space for each party to advertise recreational facilities
that are not used for joint recreation programs, as agreed upon between the director and
Hopkins’ city staff.
D. The parties desire to clarify the manner in which joint recreational program offerings will
be developed and the procedure that will be followed for reserving physical facilities.
E. The purpose of this MOU is to set forth the parties’ understanding regarding those
procedures.
Terms
1. Recitals incorporated. The above recitals are incorporated into this MOU and made a part
hereof.
2. No amendment to JPA. This MOU does not amend the terms and conditions of the JPA.
It is intended only to clarify specific procedures that Minnetonka staff will follow in 2025 in
developing program offerings in consultation with Hopkins staff, as required by Section 3.1 of the
JPA. Unless otherwise defined in this MOU, capitalized terms have the same meaning as set forth
in the JPA.
3. Term. This MOU has the same effective date as the JPA and will terminate automatically
on Dec. 31, 2025.
4. Facility scheduling.
a. Notice. When developing program offerings for the joint recreation program,
Minnetonka staff will follow the procedures as required by Minnetonka and by
Hopkins for reserving their respective facilities, with not less than sixty (60) days’
advance notice for each reservation, except in case of emergency. Nothing in this
MOU prevents either party from waiving the 60-day notice requirement in its sole
discretion.
b. Scheduling conflicts. If Hopkins staff objects to a requested reservation, staff
representatives of Hopkins and Minnetonka will confer for the purpose of resolving
conflicts. The parties understand that either party may decline to make their facilities
available if: the proposed programming would be in direct competition with other
services provided at the facility; the facility manager determines there is not sufficient
space for the proposed programming at that facility; or the space is unavailable due
to a prior reservation.
c. As provided in Section 3.1, if the Hopkins and Minnetonka staff are unable to resolve
conflicts regarding the program schedule and use of facilities, the Recreation
Director will consult with the city managers for both parties.
4. Facility charges. Section 4.2.2 of the JPA provides that parties will make their Real
Properties available for use of the joint recreation program at no charge, with two exceptions:
Shady Oak Beach (see Section 4.2.1 of the JPA) and specific Real Properties that are covered
by a supplemental agreement (see Section 4.2.3.). The parties agree that, under 4.2.2, the
following costs will not be billed to the joint recreation budget: (a) rental fees for the use of any
facility covered by 4.2.2; or (b) routine staff costs such as room set-up and cleaning for program
use of those facilities. The parties further understand that a proposed joint recreation program will
result in a party incurring direct, out-of-pocket costs that are necessary for that specific program
and are not part of the routine use and upkeep of a facility, those costs will be identified at the
time the program is developed and will be charged to the joint recreation program budget.
[signature pages follow]
Signature Page – Hopkins
CITY OF HOPKINS
By
Patrick Hanlon, Mayor
By
Michael Mornson, City Manager
Signature Page --- Minnetonka
CITY OF MINNETONKA
By
Brad Wiersum, Mayor
By
Michael S. Funk, City Manager