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1982-04-20 73 ~pril 20, 1~82 L.M.C.D. DISCUSSION MEETING Pursuant to due call and notice thereof a special meeting regarding the Lake Minnetonka Conservation District was hosted by the City Council of the City of Mound, Hennepin County, Minnesota at 5341Maywood Road in said City on April 20, 1982 at 7:30 P.M. All L.M.C.D. member cities were invited to attend this discussion meeting. Those present were: from Mound - Mayor Rock Lindlan, Councilmembers Pinky Charon, Robert Polston and Gordon Swenson, City Manager Jon Elam and City Clerk Fran Clark; from Excelsior - Mayor Richard Knapp and Councilmember Charles Thomson; from Minnetonka - Mike Johnson, Assistant City Engineer; from Minnetrista - Mayor Gen Olson; from Orono - Mayor Brad Van Nest and Councilmember Tom Frahm; from Shorewood - Councilmembers Jan Haugen and Robert Rascop; from Tonka Bay - Mayor Glenn Froberg, Councilmembers Edward Bauman, Marvin Bjorlin, Ruth Sherman and Duane Temple; from Wayzata - Tom Anderson, Building Inspector; and the following interested citizens: Bill and Gerry Sime. Mayor Lindlan chaired and opened the meeting. He explained that this discussion meeting was called because of Mound's concern about 3 major issues: 1. The cost effectiveness of the L.M.C.D. 2. The funding of the L.M.C.D. 3. The services that the L.M.C.D. provides may be overlapping with other governmental agencies. Shorewood - Bob Rascop agreed that a review and evaluation of the enabling legislation and the finances of the L.M.C.D. was a good idea and that a good viable organization can withstand scrutiny. Shorewood does not want to see the L.M.C.D. done away with. Orono - Mayor Brad Van Nest stated that at time they question the L.M.C.D. but they cannot see the Lake without the L.M.C.D. because with it the Lake control would be the responsibility of the County Board. Orono has no problem with the funding aspect. They like the ordinances that the L.M.C.D. has developed. Maybe we should be reviewing the L.M.C.D.'s make-up. was made to have only 7 members instead of 14. Wayzata, Minnetonka Beach, Orono, Spring Park Mound, Minnetrista, Shorewood, Victoria Tonka Bay, Excelsior, Greenwood Deephaven, Woodland, Minnetonka and 3 members at large. At one time a proposal - appoint 1 member - appoint 1 member - appoint 1 member - appoint I member It was felt at that time that there would be more consistency in thinking with less members. Tonka Bay - Mayor Glenn Froberg questioned overlapping jurisdiction and an erosion of powers that should be retained by the municipalities. Minnetrista - Mayor Gen Olson felt that the L.M.C.D. offers a coordinated approach to Lake Minnetonka but questioned the lack of assertiveness on the part of the L.M.C.D. when Minnetrista was opposing the DNR. Minnetrista feels the L.M.C.D. is a necessary control for Lake Minnetonka. 74 April 20, 1982 Excelsior - Mayor Richard Knapp stated that basically Excelsior is in favor of keeping the L.M.C.D. but they some questions in regard to their policies and jurisdiction. Mound - Gordy Swenson feels that there is an overlap of control on Lake Minnetonka; that the L.M.C.D. is paying the Executive Director too much; and that the L.M.C.D. is not doing anything for Mound. Mound had to hire their own Dock Inspector because the L.M.C.D. Dock Inspector was not doing a good job in Mound. Mound - Bob Polston stated that faced with all the cutbacks the cities have had, a review of the L.M.C.D. and the way the organization is funded should be examined in regard to the fairness of the funding formula as it is setup. There are many dedicated members of the L.M.C.D. but we should make sure we are getting the most for our money. There were some Huestions as to the powers of the L.M.C.D. so Brad Van Nest read Section 3 of the enabling legislation to the group. He then stated that the L.M.C.D. is only concerned with the use of the Lake, the Watershed District is in charge of the shoreline and erosion. Excelsior - Charles Thomson stated that the L.M.C.D. is too weak in some ways and too strong in others. Shorewood - Jan Haugen asked if the Executive Director has a job description? Shorewood - Bob Rascop (Chairman of the L.M.C.D) answered yes and that he is evaluted yearly by the Chairman for merit raises. Mound - Bob Polston suggested setting up and ad hoc committee to review and evaluate the L.M.C.D. budget and the enabling legislation to see if there is an overlap in services. Tonka Bay - Ruth Sherman stated that the alternative to the L.M.C.D is the County Board and they wouldn't have thee Lake Communities needs or desires in mind when making decisions. Shorewood - Bob Rascop stated that the amount the L.M.C.D. budgets has been kept at one half what they could levy to the municipalities. They also use the funds from the Save the Lake Fund for research and pollution. The DNR and the Watershed are in charge of algae and weed control. So the money the municipalities contribute is used for enforcement and regulation. Tonka Bay - Mayor Glenn Froberg stated that he felt the L.M.C.D. should operate within certain bounds of jurisdiction. This is a matter of concern to all of us. He then gave an example where he felt specific powers given to the cities were taken over by the L.M.C.D. Excelsior - Mayor Richard Knapp stated that he agreed with Mayor Froberg on that point. The cities should be allowed to work out certain problems without the L.M.C.D. intervening. The example given by Mayor Froberg was the L.M.C.D taking charge of a prosecution that Excelsior feels should have been handled by their City Attorney. April 20, 1982 Shorewood Bob Rascop stated that he would have a hard time defending the the L.M.C.D. on this because he was not on the board at that time. Tonka Bay - Ed Bauman, representative for Tonka Bay to the L.M.C.D, stated that to the best of his memory Excelsior initially brought the complaint to the L.M.C.D. Shorewood - Bob Rascop stated that the L.M.C.D. does not want to be concerned with land decisions and will not address parking issues. Sometimes Cities have asked the L.M.C.D. to enforce city ordinances and they will not do this. Shorewood - Jan Haugen questioned Why a v~able'org~nlzation such as the L.M.C.D. is not making their own recommendations but letting the City Councils make recommendations to them. Orono - Mayor Brad Van Nest stated that the framework of the L.M.C.D. is quite cumbersome and maybe the idea introduced earlier with regard to a 7 member board would make the L.M.C.D. a better organization. He also agreed with other persons that the Executive Director should make himself more visible to the members of the L.M.C.D. by attending some Council Meetings and reporting on items that the L.M.C.D. is working on in the individual cities. Mound - Bob Polston suggested that if it is felt that a smaller group could work better as an L.M.C.D. board that maybe the Minnetonkaar.ea should be broken down into districts and a public election of L.M.C.D. members should be held. Tonka Bay - Glenn Froberg felt Mr. Polston's idea was a good one because it would give these elected officialsa constituency to answer to. Shorewood - Bob Rascop stated that the philosophy of the Legislature and the DNR seems to be to get everyone on the lake and then control them. We need the L.M.C.D. for control. Right now there is parking for 150 cars at the accesses to Lake Minnetonka and the DNR would like to have 1 parking space for every 20 acres of lake which would mean of total of 700 parking spaces. Tonka Bay - Ed Bauman feels that Lake Minnetonka is a State resource and wants to keep the lake open to all persons. The remainderof the group agreed with Bauman's feelings. Tonka Bay - Ruth Sherman felt that some excellent ideas have come out of tonights meeting and would like to see an ad ho~ committee formed. Tonka Bay - Ed Bauman commended Mound on their good idea for this discussion meeting. He felt it was good to talk with each other about the concerns. Mound - Mayor Lindlan feels there is a lack of communication on the L.M.C.D's part. Shorewood - Jan Haugen suggested having an outside consultant review the Executive Director's management policies. 76 April 20, 1982 Mound - Bob Polston stated he. thought this ad hoc committee should review, evaluate and issue a report of the facts on the following items as well as concerns brought up tonight: I. Cost effectiveness of the L.M.C.D. 2. Funding of the L.M.C.D. 3. Overlapping services. Mayor Lindlan asked for a show of hands of those in favor of the ad hoc Committee. All were in favor but one, Mr. Tom Frahm who felt this was counterproductive. It was decided by the persons present that the following persons be on this ad hoc committee: 1. *Mayor Glenn Froberg - Tonka Bay 2. Councilmember Bob Polston - Mound 3. Tom Anderson representing Wayzata stated that he was sure one of his Councilpeople would be interested in serving on this committee. 4. Councilmember Jan Haugen - Shorewood Mayor Van Nest suggested that the Committee have Bob Searles come to one of their meetings as he is very knowledgeable on the L.M.C.D. Mayor Lindlan thanked everyone for coming and sharing their thoughts and concerns. Adjournment came at 9:40 P.M. Fr~-n Clark, City Clerk~(City of Mound) Mayor Froberg called the morning after the meeting and asked that his name be removed from the ad hoc committee because of a conflict of interest in that he is still in litigation on a case that involves the L.M.C.D.