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022607 CC WS Min CITY OF SHOREWOOD CITY COUNCIL WORK SESSION MONDAY, FEBRUARY 26, 2007 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:30 P.M. or Immediately following the Regular City Council meeting MINUTES 1. CONVENE CITY COUNCIL WORK SESSION Mayor Lizee called the meeting to order at 9:01 P.M. A. Roll Call Present. Mayor Lizee; Councilmembers Turgeon, Wellens, and Woodruff; and Administrator Dawson Absent: Councilmember Callies B. Review Agenda Without objection from Council, Mayor Lizee proceeded with the Agenda for the meeting. 2. DISCUSSION WITH MCE, LMCC, LMCD AND FRIENDS OF THE SOUTH SHORE CENTER BOARD REPRESENT A TIVES Administrator Dawson related that Jerry Brecke and Phil Hallin, both members of the Friends Board, had stated they would be willing to serve as liaisons between the Friends Board and Council. Administrator Dawson stated that Council had requested an opportunity to meet with the City's appointees to these boards to gain a better understanding of activities planned for those commissions as well as for the commissioners to share items that may be of interest to the Councilmembers. He stated the following representatives were present this evening: Patrick Hodapp, representative to the Lake Minnetonka Communications Commission (LMCC); Tad Shaw, representative to the Minnetonka Community Education (MCE) Advisory Council; and Tom Skramstad, representative to the Lake Minnetonka Conservation District. Councilmember Wellens stated when he had read LMCD/LMA reports that had been distributed in a Council mail packet he came across the topic that the LMCD may consider recommending the closure of certain boat launches on Lake Minnetonka and to have the DNR charge boat-launch fees. He was not sure that was the direction the Council wanted to promote, and he had not recollected any discussion by Council during his tenure regarding the topics. Mr. Skramstad stated he had presented those topics to Council before, and at that time he had clarified those were just ideas. Councilmember Wellens questioned why an organization like the LMCD wanted to implement practices to protect an individual lake (Lake Minnetonka); he thought the practices should be implemented State wide. CITY OF SHOREWOOD WORK SESSION MEETING February 26, 2007 Page 2 of5 Mr. Skramstad stated the LMCD had numerous meetings with the Department of Natural Resources (DNR) to discuss invasive species prevention and treatment. The LMCD had responsibility for Lake Minnetonka only. He stated that the DNR took an education approach to the prevention of invasive species. The LMCD thought the education approach was good, but not sufficient. He stated the DNR was not in support of charging boat-launch fees or eliminating access points to the Lake. The LMCD asked the DNR to assist with identifying possible ways to stop the spread of invasive species. He complimented the DNR for its efforts, and he noted the DNR lacked sufficient resources to address all the issues. He stated a pilot program referred to as "red lake/green lake" was tried at Lake Mille Lacs; it entailed a sticker being placed on a boat which was infected and that boat could not be launched at any other site. He stated it would require State legislative actions to implement a program similar to that on a state-wide level; and the LMCD was working with various politicians to try and make progress nationally with regard to invasive species control. Councilmember Turgeon explained she thought one of the purposes of the meeting was to communicate to the City's representatives on the boards that Council wanted the opportunity to provide input on possible directions or actions the commissions may be considering. Mr. Skramstad stated the topic of invasive species had been discussed in the last three presentations he made before Council in 2006. Councilmember Wellens suggested that residents be asked to provide input on ideas such as boat-launch fees. Mr. Skramstad stated the LMCD had funded the cost for boat-launch inspections at some of the ramps on the Lake for the last six years. The LMCD also funded the video inspection pilot program in 2006. Residents were surveyed regarding invasive species. He stated the LMCD lacked people and financial resources for many of these efforts. He stated the majority of the LMCD's funding was from the 14 member cities through levies; the rest of its funds came from the Save-the-Lake fund which was generated from donations. The pilot program was funded from the Save-the-Lake fund. Councilmember Turgeon questioned if the cost of implementing boat-launch video inspections would be worth the results that could be achieved with regard to the control ofthe spread of zebra mussels. Mr. Skramstad stated he would be very interested in identifying ways to enhance the communications between the Council, the LMCD, and him. Councilmember Wellens stated he would appreciate it if the representatives would present Council with alternative approaches for accomplishing an activity. Mr. Skramstad in turn stated he would appreciate it if Councilmembers would offer ideas. Mayor Lizee thanked the representatives for taking the time to attend the work session. She stated Council would appreciate having quarterly reports, at a minimum, from the representatives, and Councilmembers should take the initiative to contact the representatives if they have questions or concerns. She went on to state the appointed representatives were responsible for making the correct decisions based on input from the Council and the community. Mr. Shaw stated his experience with the MCE had evolved in a negative manner over the last few years. He stated that from his vantage point, the MCE Advisory Council had evolved to a "public relations board", more of a communications vehicle; the MCE program had moved from having focus on the member cities needs to being strictly a school program. In the last two and one-half years the only action he had been given the opportunity to vote on was the approval of minutes. The MCE Advisory Council CITY OF SHOREWOOD WORK SESSION MEETING February 26, 2007 Page 3 of 5 used to have 22 members and a minimum of 18 of those members used to attend the meetings. Today there are 40 members on the Advisory Council, and 12 members attended the meeting earlier that day. In response to a question from Mayor Lizee, Mr. Shaw stated an advisory council was mandated by State law for community education. There was comment that mandate did not require that the City be represented on advisory council. Mr. Shaw stated there had been posItIve changes in MCE, MCE Advisory Council and the Superintendent interactions after MCE Executive Director Litfin had been hired. He was encouraged by the fact that the members had received a preliminary MCE budget for review. He was also encouraged by the actions taken by Mr. Liftin to improve communications. Councilmember Turgeon questioned if there would be benefit for the City to send a letter to the Advisory Council requesting clarification of the role of the member cities' representatives. Mayor Lizee stated it sounded as if the Advisory Council was a passive organization, rather than an active organization. Mr. Shaw stated he could bring forth information to the Advisory Council from the City Council, but that did not mean he could take any action on that information. Mr. Hodapp stated he was enjoying his role as a representative to the LMCC more now than he had in the past; he had been extremely frustrated a few months ago. He stated the LMCC had been in existence for a long time; and the member cities' oversight of the LMCC had been minimal. The LMCC by-laws and JP A had not been kept in sync with the current operating practices; therefore it was more difficult for new members of the LMCC and the LMCC Executive Committee (Mr. Hodapp was new to the Executive Committee and he served as the Treasurer) to understand how the organization should operate. He stated a review of the LMCC JPA and by-laws was scheduled to happen; he noted it was important that the City ensure that the City's voting right (which was more powerful than some of the other member cities) be preserved. Mr. Hodapp stated from his vantage point, the LMCC Executive Committee may have too much decision- making authority. For example, the decision to raise fees for Public, Education, and Government (PEG) access was made by the Executive Committee without presenting it to the full Commission for review and consideration in spite of his objection. Mr. Hodapp explained that in his position as Treasurer he had identified a few key improvements he wanted to make. The LMCC had changed accountants, and it had installed new financial software. He also had convinced the Secretary to lead the task of review, and possible revision, of the LMCC JP A and by-laws. Mr. Hodapp related a situation that occurred in 2006 (before he had the position of Treasurer) where he thought the LMCC Executive Committee acted beyond its authority. He stated the Executive Committee had voted to increase the LMCC budget mid-year 2006 by 10% without approval from the member cities' councils. He suggested that member cities remind the Executive Committee that a majority of the city councils' approval was required to approve the LMCC budget. He stated the Executive Committee did not require approval from the councils to spend the LMCC general fund reserves; from his perspective the LMCC should manage to the budget the councils had approved. In response to a question from Hodapp, Administrator Dawson explained it had been past practice to obtain approval from the member cities' councils if there were going to be extraordinary expenses that would exceed the bottom-line approved budgeted expenses; he also explained there were situations where those expenses were emergencies and prior approval could not be obtained, and there were also situations when the expenses were discretionary and prior approval was obtained. Council member Turgeon expressed concern with the CITY OF SHOREWOOD WORK SESSION MEETING February 26, 2007 Page 4 of5 approved LMCC budget being increased without prior approval from the member cities' councils. Dawson stated if the budget contained contingency funds for expenses, and the expenses were within the contingency, then that was considered part of the approved budget. In response to a question from Councilmember Turgeon, Dawson stated it would be appropriate for Mr. Hodapp and him to work to clarify the JP A to more clearly reflect the budget approval requirements. Mayor Lizee encouraged Mr. Hodapp to work with Administrator Dawson on the LMCC JP A and by- laws review/ revision process because of Dawson's extensive experience with JPAs. She thanked Mr. Hodapp for bringing his concerns to the attention of Council. Dawson stated the LMCC had good legal counsel that could be of assistance. Lizee then stated it was important to follow process when addressing concerns with the JP A or current operating practices. Mr. Hodapp expressed concern that there was no public hearing for the increase in Public, Education, and Government (PEG) access fees. He suggested more of the LMCC commissioners become involved in the decision making process. Councilmember Wellens noted that Mr. Hodapp was instrumental in limiting the increase to 35-cents (from 50-cents to 85-cents). Mr. Skramstad stated the LMCC was run differently than the LMCD. The LMCD was a government organization, it was run by a set of by-laws, it had independent auditor oversight of its financials, and it abided by open-meeting laws. Administrator Dawson explained that because the LMCC is ajoint powers organization, it had to adhere to the same principles of operation. Councilmember Woodruff offered his assistance to Mr. Hodapp. Administrator Dawson stated it was within the Executive Council's purview to recommend an increase in PEG access fees; but not to implement the increase without approval from the entire Commission. Mr. Hodapp requested that Staff notify him of alternative dates for when he should provide Council with an update on LMCC activities. In response to a question from Mr. Hodapp, Administrator Dawson clarified Council and Staff did not receive a copy ofLMCC financial reports. They did receive copies of minutes and brief memos. Councilmember Wellens asked Mr. Hodapp what additional inputs he would like to receive form Council regarding LMCC activities and services. Mr. Hodapp stated: programming services were doing well; video-on-demand was good, but it was being funded by cable users yet it was available to anyone internet access (and it was the primary reason for the expense and rate increases in 2006); he was not sure if there was a need for two live-stream channels when there was video-on-demand availability; and he questioned what direction the City wanted to take regarding wireless services. Both Councilmember Turgeon and Councilmember Wellens stated they did not think there was a need for video-on-demand and live- streaming of meetings. Mr. Skramstad commented that the LMCD had coordinated a meeting in November 2006 with various people (city mayors and other individuals) to discuss invasive species, and the City was not represented. He also cited that when the LMCD sends a copy of a multiple-dock application to the City, it generally does not receive any response back. Mr. Skramstad stated he would forward any requests he had of Council to Administrator Dawson for distribution to Councilmembers. CITY OF SHORE WOOD WORK SESSION MEETING February 26, 2007 Page 5 of5 There was discussion regarding the dual-track approval process required to authorize docking the EFD fire boat at the Shorewood Yacht Club. Mayor Lizee stated that the representatives for any of the boards should feel free to communicate with the Council via Administrator Dawson. There was agreement that the City would acknowledge receipt of information from the various boards. 3. OTHER There was no other business presented this evening. 4. ADJOURN Woodruff moved, Wellens seconded, Adjouruing the City Council Regular Meeting of February 26,2007, at 9:57 P.M. Motion passed 4/0. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder Christine Lizee, Mayor ATTEST: