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JOINT REC PROGRAM t . \ DATE: January 28, 1985 TO: Honorable Mayor and City Council THROUGH: Willlam Cralg, City Manager Richard Wilson, Recreation and Parks Director j(~ Hopkins United Methodist Church Plaque in Downtown Park FROM: SUBJECT: The Hopkins Unlted Methodist Church is now celebrating their cen- tennial. They have brought to our attention that the original site of thelr church was on a portion of what is now Hopkins Downtown Park. The attached letter explains this, and detalls their request to place a plaque in the park, acknowledging this part of theirs and Hopkins' history. The above noted request was presented to the Hopkins Park Board at its meetlng of January 21, 1985. Mr. John Fink, Chairman of the Church Board of Trustees, was in attendance to further describe their intent and answer questions. Following that discussion, the Park Board voted to recommend that the Clty Council approve the Hopkins United Methodist Church request. Conditions agreed to by Mr. Fink were: 1. That the plaque be of a size, material, etc., similar to the plaque commemorating Jennie Arimond. 2. That the plaque be placed on a rock slmilar in size, etc., to the current rock with a plaque on it, subject to the approval of the Park Director. 3. That the wording of the plaque be as proposed in the December 20, 1984 letter from the Church Centennial Commlttee. Based on the foregolng information, it is recommended that the City Council, at ltS meeting of February 5, 1985, adopt the followlng motion: That the Hopklns United Methodist Church be allowed, at their expense, to install a commemoratlve plaque in the Hopkins Downtown Park, subJect to the condltions included in the staff report. RLW:ph DATE: January 28, 1985 TO: Honorable Mayor and City Council THROUGH: William Craig, City Manager Richard Wilson, Recreation and Parks Director If~ FROM: SUBJECT: Agreement to Provide for a Joint Recreatlon Program The proposed agreement to provide for a JOlnt Recreation Program that was considered by the City Council on January 15, 1985, was brought before the Hopkins Park Board at its meeting of January 21, 1985. City Manager William Craig distributed copies to the members of the Board, reviewed the proposed changes from the existing agreement, answered questions, etc. Following that discussion, the Park Board approved the following motion/recommendation: That the Park Board recommends to City Council that Section 2 of the Joint Powers Agreement be renegotiated to continue to provide that the Joint Recreation Director still be able to operate functionally as the Hopkins Park Director, and, Section 5 to be amended to include a repre- sentative of the Joint Recreation Board in the reviewal of applications. RLW:ph 1 DATE: January 28, 1985 TO: Honorable Mayor and Clty Council THROUGH: Willlam Cralg, Clty Manager Richard Wilson, Recreatlon and Parks Director !f~J FROM: SUBJECT: Agreement to Provide for a JOlnt Recreatlon Program The proposed agreement to provlde for a Joint Recreation Program that was considered by the City Councll on January 15, 1985, was brought before the Hopklns Park Board at its meeting of January 21, 1985. City Manager William Craig distributed copies to the members of the Board, revlewed the proposed changes from the eXlsting agreement, answered questions, etc. Following that discusslon, the Park Board approved the following motion/recommendation: That the Park Board recommends to Clty Council that Section 2 of the Joint Powers Agreement be renegotiated to contlnue to provide that the Joint Recreation Director stlll be able to operate functionally as the Hopklns Park Dlrector, and, Section 5 to be amended to include a repre- sentative of the Joint Recreatlon Board in the reviewal of applications. RLW:ph I, A G R E E MEN T AN AGREEMENT BETWEEN THE CITY OF MINNETONKA AND THE CITY OF HOPKINS TO PROVIDE FOR A JOINT RECREATION PROGRAM ThIS Agreement, entered Into thIS 1st day of January, 1985 by and between the CIty of MInnetonka, party of the fIrst part, hereInafter referred to as "Mlnnetonka," and the CIty of HopkIns, party of the second part, hereInafter referred to as "HopkIns," beIng both munICIpal corporatIons organIzed and eXIstIng by VIrtue of the laws of the State of MInnesota. WItnesseth, that the partIes hereto In consIderatIon of the mutual agreements hereIn contaIned agree to cooperate In provIdIng for theIr respectIve communIty's JOInt recreatIon program pursuant to the authorIty granted by MInnesota Statute SectIons 471.15 to 471.19 and all other applIcable statutes and powers express or ImplIed and In accordance wIth the fOllowIng prOVIsIons: SECTION 1. MEMBERSHIP A JOInt RecreatIon Board conSIstIng of nIne (9) members shall be establIshed. Each party to thIS Agreement shall be entItled to appOInt a specIfIed number of members to the JOInt RecreatIon Board, wIth saId number beIng determIned by the proportIonate partIcIpatIon of reSIdents In each communIty In JOInt recreatIon program actIvItIes as IdentIfIed In the most recent JOInt RecreatIon Department Annual PartIcIpatIon Study. Members must be reSIdents of the communIty for WhICh they are appOInted. ThIS proportIon shall be determIned by totalIng the combIned partIcIpatIon totals for MInnetonka and HopkIns and dIVIdIng the IndIvIdual totals for each communIty by the combIned total. That proportIon shall be multIplIed by nIne to determIne the number of Board members for each communIty. All fractIons of fIve-tenths (.5) or greater WIll be rounded up and all fractIons of less than fIve-tenths (.5) WIll be rounded down for purposes of determInIng whole numbers of the appoIntments for each communIty. On thIs baSIs, MInnetonka shall be entItled, begInnIng the 1st day of January, 1985, to appOInt SIX (6) members and HopkIns three (3) members. At least one t-1I n net 0 n k a apPoIntee shall be a resIdent of the HopkIns School DIstrIct, at least one appOIntee shall be a reSIdent of the MInnetonka School DIstrIct and at least one appOIntee shall be a reSIdent of the Wayzata School DIstrIct. At least one HopkIns appOIntee shall be a reSIdent of the HopkIns School DIstrIct. Further, one appOIntee from each communIty shall be the ChaIrperson of ItS respectIve Park Board, or a desIgnated representatIve thereof. A t the request of el ther party, the number of appOIntees for each communIty may be re-examIned and changed by mutual agreement, based on the partICIpatIon formula used hereIn, but saId changes shall not be made more often than every other year. SECTION 2 POWERS AND DUTIES The JOInt RecreatIon Board shall plan and recommend a JOInt recreatIon program for the partIes, recommend and submIt an annual budget to the respectIve CIty managers. The RecreatIon DIrector shall admInIster the program establIshed by the CIty CounCIls. The DIrector shall prepare an annual budget and submIt the same for consIderatIon by the Board. Upon recommendatIon by the Board, the budget shall then be submItted to the CIty Manager of each CIty. The admInIstratIve costs IncludIng the RecreatIon DIrector's salary and salarIes of hIS staff, offIce expense and supplIes shall be SplIt between the partIes on the same baSIS 2 that representatIon on the Hoard IS determIned. EffectIve January 1, 1985, the RecreatIon DIrector wIll no longer be termed the HopkIns Park DIrector or supervIse any other functIon not covered by thIS agreement for eIther party. It IS mutually recognIzed that the operatIon of a recreatIon program requIres the use of par~ facIlItIes, and that such facIlItIes must often be prepared for a specIfIc recreatIonal use, on a schedule dIssemInated by the RecreatIon Department. It IS mutually agreed that the dIspatch of work orders from the RecreatIon DIrector to Hoo~lns the approprIate/cIty department to accomplIsh such work shall not be contrary to thIS Agreement. It IS also mutually agreed that the RecreatIon DIrector wIll contInue to exercIse supervIsory authorIty at the Shady Oak Lake facIlIty. Based on present representatIon, MInnetonka shall pay 66-2/3% and HopkIns shall pay 33-l/3% of all admInIstratIve costs. These respectIve contrIbutIons shall remaIn In effect as long as the Board remaIns constItuted by SIX (6 ) MInnetonka and three (3 ) HopkIns appoIntees. SECTION 3. JOINT CITY COUNCIL MEETINGS Upon budget recommendatIon by the Board and submIssIon . to the Mlnnetonka and HopkIns CIty Managers, a JOInt meetIng of the MInnetonka and HopkIns CIty CounCIls shall be scheduled for the purpose of JOIntly revIewIng the RecreatIon Budget and dIscussIng any other POlICY consIderatIons related to the operatIon of the RecreatIon Program. . If It IS desIred by eIther CIty CouncIl to gIve POlICY gUIdance to the Board, a JOInt meetIng of the MInnetonka and HopkIns CIty CouncIls may be scheduled upon 15 days wrItten notIce. 3 SECTION 4. PROPERTY RETENTION Land, playground equIpment and supplIes prOVIded by eIther party shall remaIn the property of the party so furnIshIng or SupplYIng the same, except that nothIng hereIn shall be construed as to prohIbIt the purchase of recreatIon supplIes or equIpment WIth the use of JOInt funds If agreed to by the partIes. SECTION 5. PROGRAM ADMINISTRATION The DIrector and hIS ImmedIate staff shall be conSIdered employees of Mlnnetonka for payroll, Insurance and other purposes and under the dIrect supervIsIon of the CIty Manager of MInnetonka. The department offIce wIll be located In MInnetonka; SIte. It SIgn-ups and permIts WIll be avaIlable at a HopkIns IS mutually understood that the selectIon of the DIrector IS a matter of JOInt concern between the CItIes. In the event of a vacancy In the posItIon of DIrector, the CIty Managers wIll reVIew applIcatIons and IntervIew several qualIfIed candIdates. The fInal applIcant or applIcants wIll be referred to the JOInt RecreatIon Board for IntervIew and advIsory recommendatIon. FInal selectIon wIll be by the MInnetonka CIty Manager, only wIth the wrItten concurrence of the HopkIns CIty Manager. TermInatIon of the DIrector, If necessary, would be by the Mlnnetonka CIty Manager, only wIth the wrItten concurrence of the HopkIns CIty Manager. All other JOInt RecreatIon employees may be hIred or termInated In a manner consIstent wIth the procedure then applIcable to other SImIlar employees of MInnetonka. 4 SECTION 6. PROGRAM FUNDING . All programs offered by the recreation program Insofar as It IS possIble shall have fee structures WhICh cause them to be self-supportIng. Program costs not covered by program fees shall be apportIoned for each actIVIty accordIng to the number of HopkIns and MInnetonka resIdents partICIpatIng In that actI'JCIty or on the baSIS of the number of faCIlItIes operated (such as the MInnetonka or HopkIns playgrounds) and methods of apportIonment shall be reflected In the annual JOInt RecreatIon Department budget. SECTION 7. PROVISION OF FACILITIES It shall be the goal of both partIes to prOVIde recreatIonal and park faCIlItIes In proportIon to the needs of theIr respectIve populatIons. Whenever the JOInt RecreatIon Board dIscerns from program between statIstICS program that there IS a sIgnIfIcant dIsparIty pratIcIpatIon and faCIlItIes provlded,theBoard may recommend correctIve actIon through the establIshed plannIng and budgetary process of the respectIve party. SECTION 8 NON-EXCLUSIVITY The JOInt RecreatIon Board shall extend serVIces to Hopklns-Mlnnetonka cItIzens regardless of school dIstrIct, dIrectly or by cooperatIon WIth recreatIon departments of those areas but recognIzIng thIS IS a non-exclUSIve contract and nothIng contaIned hereIn should be construed as prohIbItIng eIther party from contractIng WIth other munICIpalItIes or other school dlStlCtS to prOVIde recreatIonal serVIces to theIr cItIzens. 5 SECTION 9. TERMINATION ThIS Agreement may be termInated by eIther party hereto by wrItten notIce to the other p~rty at least one year prIor to the date of the deSIred termInatIon. However, In the fInal year of thIS agreement, notIce by eIther party prIor to July l, shall be acceptable. The Agreement shall contInue In effect untIl such notIce IS gIven or It IS amended by agreement of both partIes. In the event of a termInatIon, an accountIng shall be had between the partIes as to JOlntly purchased supplles, eqUIpment, admInIstratIve offIce eqUIpment or lIabIlItIes and a settlIng of such acountlng shall be had In a manner mutually satIsfactory to the partIes. ThIS Agreement shall be In effect for the perIod January 1, 1985 through December 3l, 1988. In wItness whereof, the partIes have caused thIS agreement to be executed by theIr duly authorIzed offIcers as of the day and year fIrst wrItten above. CITY OF MINNETONKA BY CITY OF HOPKINS BY LARRY A. DONLIN, MAYOR ROBERT F. MILLER, MAYOR BY BY JAMES F. MILLER, CITY MANAGER WILLIAM P. CRAIG, CITY MANAGE Approved as to form and legalIty: Desyl Peterson, CIty Attorney, Mlnnetonka Jerre A. MIller, CIty Attorney, HopkIns 6