02-28-2000 Council Packet - Laserfiche WebLink

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LMCD appeals to Minnesota Supreme Court District wants special deputies to have power to enforce the law By Johnathon White Sum Rcpi>rtcr It is not putting us out of business, but it is crippling ,our style." That assessment, on the impact of a recent Minnesota Court of Appeals ruling limiting the sher iff special deputies' powers to enforce water safety ordinances on Lake Minnetonka, was pro vided to the Lake Minnetonka Conservation District (LMCD) at Its I e'o. meeting by L.MCD pro>- eaiting attorney Steve Tallen. Tlic effect of the ruling, accord ing to Tallen, is that the ruling makes it difficult to enforce the law on the lake. "If the ruling goes imchallengc*vl. there will be less enforcement i*f the law," Tallen said. As a rc'jult of the rulinj;, the 39 special deputies, who carry out most of the law enf- -rcement on the lake, can make a stop if they observe a violation taking place. However, the special deputy ould be limited on making "probable cause" slop- it they suspect a violation, T.illen -aid. LMCD to page 26 LMCD----------------- Continued from page 1 Special deputies are not licensed peace officers, but are uniformed unpaid volunteers whr* receive special training from the Hennepin County Sheriff's Department. In its ruling, the Appeals Court affirmed a June 9 decision of District Court Judge Allen Oleiskv, which held that special deputies "do not have a peace offi- ^vr s authority to arrest, but retain non .’'"f::"! level „„ly .lu-powers givon to all fei With only six sworn officers making up the Sheriff's Water Patrol unit, with responsibilitii^s tor law enforcement on all waters^ in Hennepin County. Tallen esti-\ mated that it would cost .about $5 milium annually to repkice the special deputies with sworn officers. As expected, after huddling with Tallen in executive session, the board decided to file an appeal to the Minnesota Supreme Court of the Appeals Court deci- sion. Asked about the cost of the .ippeal, Tallen indicated that if the high court agreed to hear the case, the cost cf the litigation could amount to about S4.600. In addi tion toTaMen's fee s for arguing the case at the Appeals Court level, the LMCD is also on the hook for plaintiffs court costs up to a $2,000 limit set by the court. In other business, the board spent nearly an hour discussing various options on how to resolve i:,sues related to the proposed redevelopr^'.nt of Cochrane s Marina located on St. Albans Bay in Greenwood. The plan for 20 upsc.de town- homes proposed for the site have already been approved by the Greenwood City Council and the Minnesota Department of Natural Resources. The board s atlormy was instructed to draw up a proposed amendment to the LMCD code for consideration at a future meet ing. Additionally. Tonka Bay repre sentative Doug Babcock was unanimously reelected to another term as president of the board. Also reelected were Bert Foster of Deepha'-en, vice chairman; Eugene Partyka of Minnetrista, secretary; and Craig Nelson of Spring Park as treasurer. »•••••• I • • • •••••. {I ••‘ i ••• A. It