June 2, 2015 NOTICE OF RESCHEDULED REGULAR MEETING AND SPECIAL MEETING OF THE LAKE MINNETONKA CONSERVATION DISTRICT WEDNESDAY, JUNE 10, 2015 NOTICE IS HERBY GIVEN that the Lake Minnetonka Conservation District (LMCD) has rescheduled its June 10, 2015 Regular Board of Directors Meeting from 7:00 p.m. to 5:00 p.m. to conduct its regular business. The LMCD Board will also hold a special meeting at 5:30 p.m. the same day to review and discuss possible updates to the approved LMCD Strategic Plan with Craig Rapp, LLC. Both LMCD Board meetings will take place at Wayzata City Hall (600 Rice Street, Wayzata, MN 55391). Members from the public interested in attending are welcome. Questions can be directed to LMCD Executive Director Greg Nybeck. LAKE MINNETONKA CONSERVATION DISTRICT BOARD OF DIRECTORS AGENDA 5:00 PM, Wednesday, June 10, 2015 Wayzata City Hall 1. CALL TO ORDER 2. ROLL CALL 3. APPROVAL OF AGENDA 4. APPROVAL OF MINUTES- 5/05/15 LMCD Special Meeting 5/13/15 LMCD Special Board Meeting 5/13/15 LMCD Regular Board Meeting 5. APPROVAL OF CONSENT AGENDA A) Audit of vouchers (5/16/15 - 5/31/15) and (6/1/15 - 6/15/15) B) April financial summary and balance sheet C) CRAIG RAPP, LLC, approval of agreement to serve as a facilitator for updates to the approved LMCD Strategic Plan (to be emailed) D) LMCD Resolution 141, a resolution approving Master Subscriber Agreement for Minnesota Court Data Services and Authorizing Execution Thereof 6. OTHER BUSINESS A) Approval of draft 2016 LMCD Budget B) Ordinance Amendment, first reading of a draft ordinance relating to the storage of government watercraft on Lake Minnetonka; amending LMCD Code Section 2.02, Subd. 6 7. OLD BUSINESS 8. NEW BUSINESS 9. ADJOURNMENT ITEM 4 LAKE MINNETONKA CONSERVATION DISTRICT LMCD SPECIAL MEETING 11:00 A.M., Tuesday, May 5, 2015 Minnetonka City Hall MEMBERS PRESENT: Dan Baasen, Wayzata; Jennifer Caron, Excelsior; Gary Hughes, Spring Park; Gregg Thomas, Tonka Bay; Deborah Zorn, Shorewood PUBLIC MEMBERS PRESENT: Craig Rapp PURPOSE: To review and discuss proposal for Strategic Planning services offered by Craig Rapp, LLC. SUMMARY: Discussion with Mr. Rapp included: identifying the core Strategic Planning sessions to focus first phase, his recommendation on optional sessions to add-on accordingly. Mr. Rapp will revise proposal and forward to Deborah Zorn week of May 11th. Dan and Deborah confirmed that the LMCD Board will devote the first meeting of each month (2 nd Wednesday) to these Strategic Planning sessions with the following session dates outlined as below. Mr. Rapp confirmed he is holding the following dates for LMCD Strategic Planning sessions: Session 1: Wednesday, June 10th, 5:30 p.m. – 9:30 p.m. Session 2: Wednesday, July 8, 5:30 p.m. – 9:30 p.m. Session 3: Wednesday, August 12, 5:30 p.m. – 9:30 p.m. Session 4: Wednesday, September 9, 5:30 p.m. – 9:30 p.m. Note: additional sessions will be added in October and November as needed ___________________________________ Dan Baasen Chair ___________________________________ Gregg Thomas, Secretary ITEM 4 LAKE MINNETONKA CONSERVATION DISTRICT BOARD OF DIRECTORS 5:30 P.M., Wednesday, May 13, 2015 Wayzata City Hall CALL TO ORDER Baasen called the meeting to order at 5:30 p.m. ROLL CALL Members present: Dan Baasen, Wayzata; Jay Green, Mound; Gary Hughes, Spring Park; Gregg Thomas, Tonka Bay; David Gross, Deephaven (to be sworn in); Ann Hoelscher, Victoria; Gabriel Jabbour, Orono; Dennis Klohs, Minnetonka Beach; Dave Lang, Minnetrista; Fred Meyer, Woodland; Jeff Morris, Excelsior; Rob Roy, Greenwood; Sue Shuff, Minnetonka; Deborah Zorn, Shorewood. Also present: Greg Nybeck, Executive Director; Judd Harper, Administrative Technician. Members absent: None Baasen stated that this meeting has been scheduled to discuss the draft 2016 LMCD Budget (in follow-up to the April 22nd Special LMCD Board Meeting). He asked Nybeck to provide an overview of the new materials provided to the Board. Nybeck summarized his staff memo, dated 5/7/15, and made the following comments: Three options were offered by staff and discussed by the Board on April 22nd, in which he provided an overview of each option. At that meeting, no action was taken on forwarding a draft 2016 LMCD Budget to the member cities. A summary of the Board discussion was as follows: 1. The $35,000 proposed for the Equipment Replacement Fund (depreciation) and whether this was the proper level. The consensus of the Board was to take this up further after staff completes its work on a Capital Plan. 2. The consensus was that the LMCD should continue to take a leadership role on partially funding and managing watercraft inspections on Lake Minnetonka (at selected public accesses). 3. The general consensus was that funding for added Water Patrol presence in 2016 should be considered with Save the Lake Funds (similar to 2015). 4. Possible programs or activities where reductions could be considered such as Eurasian Watermilfoil (EWM) Harvesting and Shoreline Inventory Programs (no Board consensus). He directed the Board to an Option 4 draft budget for their discussion and consideration. He offered the following overview: 1. Similar to the activities planned in the adopted 2015 LMCD Budget. 2. A 5.3% decrease in the overall levy to the LMCD member cities (reduction of $18,125). 3. $35,000 for the Equipment Replacement Fund in 2016 (consistent with 2015). 4. He provided an overview of a draft LMCD Capital Plan prepared by staff, which covered replacement of the LMCD's EWM Harvesting Program equipment. This plan suggests $63,500 is needed annually; however, the level of funding is at the discretion of the LMCD Board. 5. $85,500 for the 2016 EWM Harvesting Program (a 10% reduction from $95,000 from 2015). A Lake Minnetonka Conservation District Special Board Meeting May 13, 2015 Page 2 $30,000 grant from the Minnesota Department of Natural Resources (MN DNR) is budgeted for in 2016. 6. $40,000 has been proposed for unspecified aquatic invasive species (AIS) prevention programs in 2016 (most likely watercraft inspectors). Two grants for this program are budgeted for in 2016 ($20,000 from the Minnehaha Creek Watershed District and $4,000 from the MN DNR). Preliminary approval of this option, or an amended option, needs to be finalized at this meeting. This would allow staff to submit a draft 2016 LMCD Budget (with cover letter) to the member cities in the next couple of days. He entertained questions or comments from the Board. A summary of the Board discussion was as follows: EWM Harvesting Program: 1. Whether there is a need for the proposed 10% reduction of the overall budget for 2016. 2. A question was raised as to whether additional harvesting should be considered rather than less (potential additional times where harvesting could be considered based on EWM growth). 3. A discussion of possible changes to the program in 2016 utilizing 2015 as a season to experiment with potential changes (i.e., operating two harvesters rather than three harvesters). 4. Harper provided background of past harvesting programs (including priorities and how some of the decisions are made). 5. A discussion of whole bay and large scale herbicide treatments managed by the Lake Minnetonka Association (LMA). It was communicated that the treatments planned by the LMA appear to be reduced (primarily because of fundraising challenges). 6. A question was raised whether the harvester was working in between docks, rather than keeping the Lake navigable. Harper asked that if anyone saw or had knowledge of the harvester being where it was not supposed to be to notify him directly. Equipment Replacement Fund: 1. There was mixed feedback from the Board on the first draft of the Capital Plan. 2. Board members that expressed concern about the draft plan had questions about the useful life used to compute the needed reserves and replacement costs detailed. 3. The Board discussed whether the proposed transfer of $35,000 from the Administration and AIS Reserve Funds to the Equipment Replacement Fund could be reduced. It was suggested that a reduction in the proposed amount could be used to offset the overall levy to member cities (there was no consensus of this). 4. Target reserve fund levels for Administration and AIS (30% to 50% of annual expenses) and whether these are the appropriate levels. It was noted that Option 4 projects a balance of 47.8% for the Administration Reserve Fund and 47.5% for the AIS Reserve Fund (as of 12-31-16). MOTION: Baasen moved, Jabbour seconded to reduce the amount of funds included in the draft 2016 LMCD Budget for the Equipment Replacement Fund from $35,000 to $17,500. VOTE: Ayes (11), Nays (2; Hughes and Shuff), Abstained (1, Gross); motion carried. Lake Minnetonka Conservation District Special Board Meeting May 13, 2015 Page 3 MOTION: Roy moved, Thomas seconded to not include $35,000 in the draft 2016 LMCD Budget for added Water Patrol presence on Lake Minnetonka. VOTE: Ayes (13), Abstained (1, Gross); motion carried. MOTION: Baasen moved, Lang seconded to provide preliminary approval of Option 4, with the reduction of Equipment Replacement Funds to $17,500 and direct Nybeck to forward it to the member cities (with cover letter). Jabbour proposed a friendly amendment to reduce the overall proposed levy to the LMCD member cities by $17,500. Baasen and Lang did not agree to this. VOTE: Ayes (6; Baasen, Hoelscher, Lang, Meyer, Shuff, and Thomas), Nays (7), Abstained (1, Gross); motion failed. MOTION: Jabbour moved, Green seconded to provide preliminary approval of Option 4, subject to: 1) the reduction of Equipment Replacement Funds to $17,500, 2) the reduction of the overall levy by $17,500 due to the reduction of Equipment Replacement Funds, and 3) direct Nybeck to forward it to the member cities (with cover letter). VOTE: Ayes (9), Nays (4; Baasen, Hughes, Shuff, and Thomas), Abstained (1, Gross); motion carried. ADJOURNMENT There being no further business, the meeting was adjourned at 6:45 p.m. ___________________________________ Dan Baasen, Chair ___________________________________ Gregg Thomas, Secretary ITEM 4 LAKE MINNETONKA CONSERVATION DISTRICT BOARD OF DIRECTORS 7:00 P.M., Wednesday, May 13, 2015 Wayzata City Hall 1. CALL TO ORDER Baasen called the meeting to order at 7:03 p.m. 2. ROLL CALL Members present: Dan Baasen, Wayzata; Jay Green, Mound; Gary Hughes, Spring Park; Gregg Thomas, Tonka Bay; David Gross, Deephaven; Ann Hoelscher, Victoria; Gabriel Jabbour, Orono; Dennis Klohs, Minnetonka Beach; Dave Lang, Minnetrista; Fred Meyer, Woodland; Jeff Morris, Excelsior; Rob Roy, Greenwood; Sue Shuff, Minnetonka; and Deborah Zorn, Shorewood. Also present: Charlie LeFevere, LMCD Counsel; Greg Nybeck, Executive Director; Judd Harper, Administrative Technician; and Emily Herman, Administrative Assistant. Members absent: None 3. APPROVAL OF AGENDA MOTION: Roy moved, Shuff seconded to approve the agenda as submitted. VOTE: Motion carried unanimously. 4. CHAIR ANNOUNCEMENTS, Chair Baasen Baasen made four Chair announcements: First, an update on obtaining a strategic planning facilitator will be offered under agenda item 9D. Second, there may be discussion at the end of this meeting whether there is a need to conduct the May 27th Regular Board meeting (based on the level of business). Third, the Board of Directors went into a closed session at their April 22nd Regular Board meeting to discuss the 2014 performance of Executive Director Greg Nybeck. The review was conducted based on eight functions of his approved position description and it was the consensus of the Board that Nybeck had not met expectations in several key areas of his position; in particular, leadership, communication (internal and external), and general administration. An action plan has been established for Nybeck to address these areas of concern (with monthly updates to the Executive Committee and reviews with the LMCD Board at three and six months). Fourth, the Cities of Deephaven and Excelsior have re-appointed David Gross and Jeff Morris, respectively, to the LMCD. Morris gave his Oath of Office prior to this meeting. Therefore, Baasen asked LeFevere to administer the Oath of Office for Gross who was seated as a representative to the Board. Baasen welcomed both back. 5. APPROVAL OF MINUTES- 4/22/15 LMCD Special Board Meeting 4/22/15 LMCD Regular Board Meeting Lake Minnetonka Conservation District Regular Board Meeting May 13, 2015 Page 2 MOTION: Shuff moved, Green seconded to approve the 4/22/15 LMCD Special Board Meeting minutes as submitted. VOTE: Ayes (9), Abstained (5, Hoelscher, Klohs, Lang, Morris, and Zorn); motion carried. MOTION: Zorn moved, Roy seconded to approve the 4/22/15 LMCD Regular Board Meeting minutes as submitted. VOTE: Ayes (10), Abstained (4, Hoelscher, Klohs, Lang, and Morris); motion carried. 6. APPROVAL OF CONSENT AGENDA Green moved, Shuff seconded to approve the consent agenda as submitted. Motion carried unanimously. Items so approved included: 6A) Audit of vouchers (4/24/15 – 5/15/15); 6B) MCWD, approval of Cost-Share Agreement for 2015 Lake Minnetonka Watercraft Inspection Program; and 6C) Approval of 2015 State of Minnesota Grant Contracts (LMCD Watercraft Inspection and Harvesting Programs). 7. PUBLIC COMMENTS- Persons in attendance, subjects not on the agenda (limited to 5 minutes) There were no public comments. 8. PUBLIC HEARING T & T Boatworks Marina, 2015 new multiple dock and special density license applications to increase Boat Storage Units from 90 to 99 on 1,104 feet of continuous shoreline on Wayzata Bay. Baasen asked Harper for an overview of this agenda item. Harper directed the Board to his staff memo, dated 5/8/15. He stated a new multiple dock license application has been submitted to add nine overnight boat storage units (BSU). This site is currently licensed for 90 BSU (80 overnight and 10 transient) with a storage density of 1:12’ (1,104 feet of approved shoreline). The proposed changes would include adding: 1) six tie-on BSUs to the north portion of the south dock, 2) a dock structure to create a three sided slip to form BSU 81, and 3) BSU 89 (with two tie poles). He provided a detailed overview of a relevant code section pertaining to this application (Qualified Commercial Marina), as well respective staff comments that were outlined within his memo. He recommended the Board approve the new multiple dock license application for the 2015 season, subject to submitting a revised as-built survey. He entertained questions and comments from the Board, in which he confirmed the dimensions of BSU #81. Baasen invited the applicant to address the Board, in which the applicant declined. He opened the public meeting at 7:16 p.m. There being no comments, Baasen closed the public hearing at 7:17 p.m. Lake Minnetonka Conservation District Regular Board Meeting May 13, 2015 Page 3 MOTION: Jabbour moved, Green seconded to approve the 2015 T&T Boatworks Marina new multiple dock license application, subject to staff’s recommendation. VOTE: Motion carried unanimously. 9. OTHER BUSINESS A. U of M Carlson School of Management, presentation of Lake Minnetonka survey findings Baasen stated that representatives from the University of Minnesota (U of M) Carlson School of Management were present to report on a survey commissioned by Jabbour prior to his service on the Board. He welcomed the representatives and asked Zorn (who Jabbour asked to coordinate as a resident of Lake Minnetonka) if she would like to preface this project. Zorn stated that she and Jabbour met with representatives from the U of M relative to the surveying of Lake Minnetonka stakeholders as it pertains to the LMCD. She and Jabbour assisted in identifying the stakeholders, as well as in the review of the surveyed questions; with the students making the ultimate decision. She further stated that the City of Shorewood (in which she represents) had requested that the survey be a direct mail to their residents. However, that data analysis, as well as the surveying through a Lake Minnetonka Association direct mail, were not included within this meeting’s upcoming presentation (but were found to be in line with the results being presented). Messrs. Brian Grundtner, Mark Tucher, and Dan Ochs and Ms. Anan Luo introduced themselves as first year Master of Business Administration students (with an emphasis in Marketing and Strategy or Entrepreneurship). Grundtner Tucher, and Ochs previously served in the Armed Forces, in which those in attendance thanked them for their service. Grundtner stated the team was a part of the Carlson Brand Enterprise whereby students come together to provide both short and long-term research and analysis of client based businesses. This effort is utilized by paying customers based on the team’s use of best practices for research and analysis, unbiased results, and access to faculty advisors and Ph.D. marketing research professionals. He provided the following outline of their presentation, which was offered as a handout to the Board and via a PowerPoint presentation. Project Overview Project Scope was to determine the awareness and perception of success that the LMCD has with their key stakeholders. Project Objectives included: 1) determining the key stakeholder groups, 2) assessing awareness and perception of success each stakeholder has, and 3) analyzing and reporting findings to the LMCD. The Project Deliverable included assessment analysis and primary research data in raw format. Project Methodology Stakeholder research; Lake Minnetonka Conservation District Regular Board Meeting May 13, 2015 Page 4 Conduct the survey and interviews; and Assess and report to the LMCD. Stakeholder Identification (Geographic Representation; Stakeholder’s Choice of Best Represented) Lake Users; Home Owners; Government Representatives; and Business Owners. Ochs presented pages 8 through 13. He directed the Board to a pie chart that represented the four stakeholder categories (62% home owner, 17% lake user, 11% business owner, and 10% government) based on the receipt of 205 responses. He prefaced that two databases existed (those offered within this presentation and the other stakeholders that Zorn referred to). The results referenced by Zorn will be forwarded to the LMCD at a later date; however, he stated the results were consistent to what is being presented via the 205 responses outlined within this meeting. He provided the following comments to the respective survey questions: LMCD Awareness on a 1:7 Scale (Effective Communication) Who manages Lake Minnetonka (top of the mind awareness write in question): 47% recognized and were familiar with the LMCD (58% home owner, 16% Lake users, 14% business owners, and 12% government). How familiar are you with the LMCD (name prompted question): 53% originally did not recognize LMCD but when prompted had positive familiarity ratings (66% home owner, 18% Lake users, and 8% both business owner and government). LMCD Efforts on a 1:7 Scale (Ineffective) High Familiarity: 44% of the 66% sample population believed the LMCD was ineffective (22% effective). Low Familiarity: 11% of the 15% sample population believed the LMCD was ineffective (4% effective). Stakeholder Core Mission Importance - Effectiveness on a 1:7 Scale (AIS, Regulation, Safety, Lake Access) AIS (2.6 effectiveness- 6.2 importance). Regulation (3.6 effectiveness- 5.0 importance). Safety (3.5 effectiveness- 5.6 importance). Lake Access (3.4 effectiveness- 4.4 importance). Luo presented pages 14 through 17, which provided an overview (“..at a Glance”) of each represented stakeholder category (Lake user, business owners, home owners, and government representatives) offering: 1) the percentage of respective stakeholders who recognized the LMCD as a lake management organization without prompting, 2) their level of discontent to a specific topic (AIS, regulation, safety, and Lake access), 3) the ineffective rate of those that were highly familiar with the LMCD, and 4) top three values. Lake Minnetonka Conservation District Regular Board Meeting May 13, 2015 Page 5 Tucher presented pages 18 through 23. He stated that the LMCD maintained a consistent level of overall stakeholder familiarity as compared to the Minnehaha Creek Watershed District (MCWD) and the Minnesota Department of Natural Resources (MN DNR). The stakeholders believed the LMCD was better suited for Lake use regulations while the MN DNR was seen as more suitable for leading the efforts of AIS and Lake access. Additionally, both agencies were viewed as highly active with the LMCD’s effectiveness declining. The Board members rated the LMCD’s effectiveness as a 5.9 on a scale of 10; having the highest average rating of LMCD effectiveness among all stakeholders. Grundtner stated their team was asked to collect, analyze, apply scientific methods, and present the analyzed data. He believed there was a good representative sample of the population. To this end, the team left the Board with the following recommended ideas: 1) communicate, 2) leverage, and 3) reassess. He stated more communication would provide the stakeholders with a better knowledge of the LMCD’s effectiveness, additional partnerships would increase its leverage, and the reassessment of priorities would assist in keeping the priorities on track. He entertained questions and comments from the Board. Zorn asked if the team could speak to what their goal was for the surveyed respondents and did you meet the proper number to provide an adequate analysis. Grundtner stated their advisor confirmed a sampling of 100 responders would offer a factual statistical analysis; offering that they doubled that amount. Baasen asked if there was a particular segment that responded past their level of expectations. Tucher stated that in an effort to gain access to potential Lake users, they solicited various emails from the member cities. Additionally, they tried to pull in the various clubs that were affiliated with the Lake. Zorn, in recognizing that the responders’ email address was confidential, asked Tucher if their system was capable of tracking what percentage actually completed the survey; acknowledging that the respondent had the ability to self-select the category in which they fell into (i.e., a business owner could document themselves as a home owner). Tucher stated the team knew exactly who was taking the survey based on their respective Internet Protocol (IP) address. However, that information is just a number as multiple surveys could have been completed from one computer. He confirmed they were able to track unfinished surveys; however, it made it difficult to ascertain the information. He stated that a lot of their analysis was completed by utilizing parts of the front and back of a respondent’s survey to compare similarities (tossing out data that is opposite). Hughes asked for further clarification of the additional respondents Zorn referred to (including confirmation that the data would also be analyzed and submitted to the LMCD). Grundtner stated that data had not been “cleaned” to date. Therefore, more work needed to be done prior to Lake Minnetonka Conservation District Regular Board Meeting May 13, 2015 Page 6 releasing that data, which will then be submitted to the LMCD. Jabbour thanked the team. He stated that he commissioned the survey process during a time when he was not serving on the Board (over a year ago) and wanted to go on record that he has not been involved in this process other than offering some respondent names. Additionally, he pointed out that this company is the best one could obtain in Minnesota. He asked the team if this body was included in the “Government Representatives” category of statistical analysis (offering that also included the member city administrators and mayors). Luo stated that this body was surveyed; however, their response was based on their personal identification of themselves (i.e., if they chose “Government Representatives” their response would have been analyzed within the presented statistics). Baasen asked if the perceptions from this Board were off of the direct interview or from the survey itself. Additionally, he asked if there would have been as large of an ineffective rate if AIS was set aside from the survey results. Ochs stated some of the interview questions were quantified (i.e., top three or a specific score out of 10). If it was quantifiable, it was compared against quantifiable data. However, if it was qualitative they were presented as general trends within a quote. Lastly, he stated that the LMCD rated ineffective on the other three core missions (Regulation, Safety, and Lake Access). Jabbour stated that the team was provided the MN DNR’s Service Provider list for the “Business Owner” category (businesses that are not located on Lake Minnetonka but reside in Hennepin, Wright, and Carver counties). Grundtner stated the “Business Owners” list itself was more than double the individual referenced contacts (confirming one only needs a dataset of 40 to provide for a quantitative analysis). He believed this information would reaffirm that this and all surveys analyzed could not be from biased information. Baasen asked if their school performed surveys for other regulatory agencies and, if so, how did that agency compare to the LMCD. Tucher stated that their team has not performed a survey for another regulatory agency. Luo stated that she asked that question of her advisor who confirmed surveying of regulatory agencies was not common within this region (more globally). Gross requested confirmation: 1) that the samples taken were not of a represented population (i.e., specific zip code area) but from individuals that have a biased interest in the Lake and 2) as to the targeted confidence level the team was aiming for with their statistical design. Lake Minnetonka Conservation District Regular Board Meeting May 13, 2015 Page 7 Grundtner confirmed this project was a targeted survey of LMCD stakeholders and that they were targeting a 90% confidence level. Klohs requested clarification on what the advisor had stated was not common in this region. Grudtner confirmed it was not common to perform a constituent or awareness survey for regulatory agencies within the region. Jabbour stated that 10 years ago he commissioned this school to perform a city-wide survey on the City of Shorewood (specifically why they live within). He believed that survey was telling of the purpose. Additionally, in serving on a commercial and redevelopment board, he also commissioned a need study for the East Hennepin Commercial Association. Thomas thanked the team for their efforts and believed this information would be of service (specifically with the Board’s upcoming strategic planning process). On behalf of the LMCD, Baasen thanked the team for their work. He expressed an interest in maintaining contact on this matter. B. Ordinance Amendment, first reading of a draft ordinance relating to Quiet Waters on North Seton Channel. Baasen asked Nybeck for an overview of this agenda item. Nybeck directed the Board to a draft ordinance relating to changes for an established Quiet Water Area (QWA) within the North Seton Channel. He stated Seton Village Homeowners Association (Seton Village), which is located to the east of the Seton channel, raised concern with watercraft operators speeding through the currently approved QWA (marked with three minimum wake buoys). The Board considered this matter at their April 8th meeting, at which time Nybeck communicated that he previously worked with Tony Brough of Hennepin County Environment and Energy who did not want to add additional buoys but was willing to relocate them (as described within the April 8th minutes). If the Board concurred with the draft ordinance, he recommended they approve the first reading, waive the second and third readings and adopt. MOTION: Green moved, Hughes seconded to approve the first reading of the draft ordinance amendment as submitted, to waive the second and third readings, and adopt it. VOTE: Motion carried unanimously. C. Executive Committee, update of proposed changes to the LMCD Code for Lake Minnetonka yacht clubs and sailing schools Lake Minnetonka Conservation District Regular Board Meeting May 13, 2015 Page 8 Baasen asked LeFevere to provide an overview of this agenda item. LeFevere stated that the Executive Committee has been meeting with the yacht clubs in an effort to consider various regulations pertaining to their operation. This effort is similar to the Board’s prior work in establishing regulations for commercial marinas; the establishment of “Qualified Commercial Marinas” (QCM). This effort provided for additional rights previously not available to them. In working with the yacht clubs, the committee held a series of meetings which resulted in the receipt of a unified proposal from the yacht clubs and, in turn, direction from the committee to draft a list of recommended ordinances for the Board’s consideration. He directed the Board to an outline of those recommendations within their packet, dated 4/28/15. He prefaced that the recommendations were outlined in more detail than what was proposed by the yacht clubs or discussed and given direction by the committee. This was based on additional restrictions and limitations that were previously considered and approved with the QCMs. He provided a detailed overview of the following recommendations: Definitions “Qualified Yacht Club” (QYC); a non-profit corporation, owned by its members, volunteer-driven, created to further the sport of sailing, with a least 25 boat storage units (BSU) at the licensed site. “Qualified Sailing School” (QSS); a 501(c)3 corporation created to educate and train for the sport of sailing and associated on the same site with a QYC. Extension of Docks to 200 Feet Subject to evaluation by the Board (utilizing subjective criteria outlined within Section 2.03); Extensions allowed at facilities with variances if a new variance is granted. This is based on the possibility of the documented hardship for the currently approved variance being removed with the proposed extension; No extensions that: 1) overlap another dock use area (DUA), 2) interfere with navigation or access to another DUA or district mooring area, or 3) require removal of emergent vegetation; and Allow expansion of density for facilities that are non-conforming (maintaining a density currently not allowed by code) without limiting total square footage of slips. Such sites can currently expand and reconfigure; however, they are not able to increase their total square footage of all of the BSUs added together. Boat Storage Density and Special Density Licenses Eliminate special density licenses for QYCs and QSSs; Establish new density standard of 1:10 for QYCs and QSSs; Make initial increase in density above current authorized density subject to review by the Board, using the subjective criteria for commercial and multiple docks under Section 2.03; Addition of BSUs allowed at facilities with variances only if a new variance is granted; Shoreline calculation subject to a straight line measurement rule; and No increase in density that requires removal of emergent vegetation. Lake Minnetonka Conservation District Regular Board Meeting May 13, 2015 Page 9 Executive Director’s Authority to Approved Changes Executive Director would have authority to approve changes in dock licenses of conforming QYCs and QSSs subject to the following limitations: No increase in number of watercraft or dock length; and The change will not adversely affect nearby properties, navigation, safety, wetlands with emergent vegetation, or the environment. Executive Director would have authority to approve changes in dock licenses of non-conforming QYCs and QSSs subject to the following limitations: Not a conversion to slides to slips; and No substantial change in the amount of the Lake obstructed or occupied by the dock. Count Sailing Boats up to 20 Feet Long as Unrestricted Watercraft Allow non-motorized boats up to a 20 foot hull length, stored on land, at a QYC or QSS to be counted as unrestricted watercraft (and therefore not count for density purposes unless stored in water). This is a new recommendation not previously considered with the QCMs. He further explained that all sailboats greater than 16 feet are considered restricted (providing for the watercraft to be counted against their density and placed in a respective BSU). Allow Additional Density of Restricted Watercraft Used for Coaching and Safety Allow up to one powerboat of up to 20 feet in length and 90 horsepower for each six student boats. The additional restricted watercraft would not be counted for density purposes provided they are operated exclusively by the QSS for safety, education, coaching, or managing sailboat races and are stored on land, a slide, or a small boat launch ramp. This is a new recommendation not previously considered with the QCMs. LeFevere entertained questions and comments from the Board. Gross expressed concern about the proposed definition of a QSS; specifically, the use of the words “…. associated on the same site with a Qualified Yacht Club.” He requested further clarification on the definition of the word “site.” LeFevere stated “site” is a defined term within the code; a legally subdivided lot, parcel, or other piece of property that is identified by a single property tax identification (PID) number. Gross stated Minnetonka Yacht Club’s sailing school owns the island (deed holder) and is not on the same site as the respective yacht club [with Jabbour interjecting the same holds true for the Wayzata Yacht Club]. Therefore, he requested clarification as based on the proposed definitions; the two respective sailing schools would not be considered a QSS. LeFevere deferred that question to the yacht clubs as it was his understanding that the sailing schools and Lake Minnetonka Conservation District Regular Board Meeting May 13, 2015 Page 10 yacht clubs were affiliated and associated with all the respective multiple dock licenses on the Lake. Gross expressed concern that the definition could be discriminatory as it prevents other future 501(c) 3 sailing schools from obtaining QSS status (possibly the Boy Scouts or a future municipal sailing school). LeFevere stated that decision would ultimately be up to the Board. The recommendations being discussed were specifically for the yacht clubs and do not go beyond that scope (granting additional rights or considerations for other sailing schools). Baasen invited Jonathon McDonagh to address the Board. Mr. Jonathon McDonagh introduced himself as Rear Commodore of the Wayzata Yacht Club. He confirmed that the yacht clubs’ proposal utilized the word “associated” in referencing a sailing school and its respective yacht club. He could not speak to the LMCD’s definition of the word “site.” Jabbour believed the LMCD representatives were pushing for the yacht clubs to have a sailing school with 501(c) 3 status in considering use of the term “qualified.” He did not believe it was the LMCD’s intention that they must be on the same site as defined by code (referencing they are two different entities). Gross stated that the Internal Revenue Service (IRS) does not like the word “associated” as they do not want tax deductible dollars subsidizing a sport. McDonagh stated that, in all cases, the yacht clubs support their sailing school with donations, manpower, and volunteers. He confirmed that the sailing schools are not, by any stretch of the means, supporting the yacht clubs. Gross believed that respective clause could be removed from the definition, in which McDonagh concurred. Baasen stated that the Board chose to consider these efforts with individual groups (commercial marinas, yacht clubs, and municipalities) based on their individually unique aspects. This effort was not to reinvent the wheel but to facilitate operation that was not free of regulation but with more efficient execution of their needs. He believed the yacht clubs have provided a proposal that meets that intent. Therefore, he believed the Board needed to focus on the intent of the efforts and work within all means to utilize proper terminology to meet the goals. Gross directed the Board to the use of the words “…. students’ boats” (within the last paragraph on page two of the recommendations); offering it as an undefined term. LeFevere questioned what other boats would be at a sailing school than those utilized for students. Baasen believed the intent was to consider all boats used for the purpose of safety, education, etc., of all ages. Lake Minnetonka Conservation District Regular Board Meeting May 13, 2015 Page 11 McDonagh stated the proposal provided for an educational boat to be defined as “a non-motorized boat up to 20’ hull length, manually stored completely onshore, operated by a Qualified Sailing School, and used exclusively for educational purposes.” Jabbour recommended the word “native” be placed in front of any reference to “emergent vegetation.” Green asked McDonough, on behalf of all the proposed QYCs and QSSs, if they were in sync with the recommendations offered (other than the changes discussed at this meeting). McDonagh believed all parties were in sync with the recommendations. However, he requested confirmation that the existing density of the non-conforming sites would be maintained via the recommendations offered and that recommendation #4, “Shoreline calculation subject to a straight line measurement rule” offered under Boat Storage Density and Special Density Licenses was the same recommendation staff had previously explained to him during the processing of a former application, in which McDonough referenced the Board and staff nodding in a “yes” fashion to both. Nybeck recommended the Board follow the same process offered in consideration of the QCMs’ proposal (based on the Board’s approval): 1) review the committee’s recommendations (completed this evening), 2) direct LeFevere to draft an ordinance amendment for consideration at a future meeting, and 3) schedule a public meeting (directing staff to submit the draft ordinance to the public for review and comment). He recommended that the review of the draft ordinance be schedule for the June 10th Regular Board’s meeting. MOTION: Jabbour moved, Green seconded to adopt Nybeck’s process offered above. Thomas concurred with Jabbour’s comment about adding the word “native” in front of emergent vegetation (referencing the LMCD harvesting emergent vegetation on a seasonal basis). LeFevere clarified that emergent vegetation was a Minnesota Department of Natural Resources (MN DNR) definition for cattails and that Eurasian watermilfoil would be a submerged vegetation. Gross requested further consideration in the use of the words “associated” and “site” as discussed above. LeFevere stated that he will act on the Board’s direction. Jabbour stated that the Board wants to make sure the yacht clubs have value added through the sailing schools, which is a delivered service that would qualify them as a QYC. He believed the use of the word “affiliated” would be an appropriate term. He asked McDonagh if the yacht clubs had a concern with the use of that word, in which McDonagh stated they would not. Gross continued to express concern in limiting QSSs to those associated with a yacht club. He referenced the Lake Minnetonka Conservation District Regular Board Meeting May 13, 2015 Page 12 City of Minneapolis running a sailing school on Lake Harriet that also offers value but is not associated with a yacht club. Baasen asked LeFevere to explain why an LMCD member city could not operate a sailing school on the Lake. LeFevere stated that, based on the proposed recommendations, a member city could not operate as a QSS as they would not be affiliated with a QYC (requiring 25 BSUs, non-profit status, owned by its members, etc.). This, however, did not prevent them from operating on the Lake. Green stated the benefits are being offered to the sailing schools not the yacht clubs. LeFevere stated the proposed recommendations provide dual rights to a QYC and QSS; both can extend out to 200 feet and maintain a density of 1:10, etc. Green stated that sailing schools not affiliated with a yacht club would not receive the benefits of the proposed recommendations. LeFevere stated the question proposed is whether a sailing school not associated with a yacht club should receive benefits. Green stated the Board would have to figure that out when the time comes. Baasen asked if there had been any yacht clubs on the Lake that did not make it. Jabbour stated the Lake has lost a substantial amount of sailboats over the years (referencing a 1984 to 2014 MN DNR Boating Trends Report on the LMCD’s website for accurate statistics). He urged the Board not to lose sight of this effort; acknowledging a great deal of research went into the recommendation of the 200 foot extension and the ability to turn a yacht club with an affiliated sailing school into a conforming facility so that they could proceed with updates needed to operate within current standards. He welcomed additional sailing schools on the Lake; however, recognized that the recommendations were drafted to accommodate the yacht clubs listed within the proposal. McDonagh was not against another sailing school requesting their affiliation to the current yacht clubs. Shuff asked LeFevere to clarify the options offered for the establishment of a new sailing school on the Lake. LeFevere confirmed that the proposed recommendations do not prevent another sailing school from establishing themselves on the Lake. However, if they are not affiliated with a yacht club, they would not receive the status of a QSS nor receive the proposed benefits of such. Meyer took that one step further and requested clarification if a sailing school was a 501(c) 3. Lake Minnetonka Conservation District Regular Board Meeting May 13, 2015 Page 13 LeFevere confirmed the school would not be considered a QSS. However, they may qualify as a QCM or provide enough amenities to qualify for an approved special density license, etc. In closing, he would draft the ordinance based on the direction of the Board. Jabbour stated, to Meyer’s point, he currently has a sailing school housed within his commercial marina that operates independent of themselves. Nybeck recommended the Board take a vote on the motion. If approved, LeFevere can begin drafting the ordinance knowing that both Board and yacht club representatives are available to him for any questions that may arise. LeFevere believed that it would just be a matter of removing a clause from a draft ordinance should the Board decide, at a later date, that they did want to extend the additional benefits to those not affiliated with a yacht club. Morris concurred with Gross and did not see any point in making the QSSs more restrictive as the removal of the affiliated clause would grant all benefits to everyone. It also leaves the door open for all sailing schools that would like to establish themselves on the Lake. VOTE: Motion carried unanimously D. Craig Rapp, LLC, update on LMCD Strategic Plan Facilitator Proposal Baasen asked Zorn for an update on this agenda item. Zorn directed the Board to an amended proposal from Rapp, dated 5/11/15, which was offered in response to a May 5th meeting. At this meeting, Board representatives in attendance expressed an interest in further refining the proposal to: 1) minimize the cost and scope of the project, 2) offer a menu approach; preserving a core proposal for strategic planning, and 3) establish strategic priorities, measurable outcomes, and performance targets for a three year period. She provided an overview of the amended proposal, in which the Board would dedicate the first Wednesday of June through approximately September. She further stated that at their April 8th meeting, the Board approved expending up to $16,500 on a proposal with Rapp (subject to further defining the scope of the proposal). The current amended proposal has been reduced to $7,500 with the option to select individually priced sessions as this process proceeds. She recommended the Board consider approval of this proposal, as well as dedicating the first meeting (working with staff to identify any matters that need to be addressed under a short Regular Board meeting). She asked Nybeck to expound on the Board’s meeting schedule and any respective needs over and above the strategic planning. Nybeck stated that he did not think the draft ordinance relative to the yacht clubs and sailing schools (discussed under item agenda 9C above) would result in a public hearing for the Board’s June 10th meeting (recommending Lake Minnetonka Conservation District Regular Board Meeting May 13, 2015 Page 14 this be considered at the June 24th meeting). However, approval of the draft 2016 LMCD Budget is a high priority that must receive conditional approval on June 10th. Baasen stated that the May 5th meeting discussions with Rapp also included the January 10th Board Strategic Planning Workshop, the Carlson School of Management survey, and how the Board can make this process smoother. Therefore, the current amended proposal of $7,500 incorporates three of the sessions within his proposal, dated 4/8/15. He stated this process could be considered as Zorn has proposed or by scheduling two four-hour sessions, two days in a row or an eight-hour session on a Saturday. To this end, he urged the Board to not be so concerned about giving up the first meeting of the month but allowing for the flexibility to move forward in a smooth fashion as determined through the process. Jabbour solicited the Board’s interest in inviting back the three former LMCD Board members that previously participated in this process (Jim Doak, Woodland; Jennifer Caron, Excelsior; and Chris Jewett, Deephaven) as a contributing guest. Baasen confirmed he has already invited those three to continue their participation in this process, in which all three have agreed to do so. Klohs asked if those contributing guests would be participating on equal ground (i.e., will they be able to vote). Baasen confirmed the guests are not official members and would not be able to vote. However, this would not exclude their active participation. The consensus of the Board was to continue with the current amended proposal. Rapp would submit a draft service agreement for the Board’s approval at a future meeting. E. 2015 EWM Harvesting Program, project overview Baasen asked Harper for an overview of this agenda item. Harper directed the Board to a 2015 Eurasian Watermilfoil (EWM) Harvesting program outline and offered the following comments (via a PowerPoint presentation): Six seasonal employees are proposed; one of which is the site supervisor. He will continue serving as EWM Project Manager and recommended the Board approve a Fleet Mechanic contract (within their packet) with Curfman Trucking and Repair, Inc. The program budget will remain at $95,000 ($65,000 of funding from the member cities and a $30,000 Minnesota Department of Natural Resources grant, which is based on $100 per acre). Program schedule included scouting, launching of equipment, and training of crew/initiation of harvesting the weeks of June 1st, 8th, and 15th, respectively. This is a nine week program in which the seasonal employees will work four, 10 hour days Monday through Thursday from 7:00 a.m. to 5:30 p.m. The program will be shut down the week of June 29th due the July 4th holiday. Lake Minnetonka Conservation District Regular Board Meeting May 13, 2015 Page 15 The North Upper Lake option will be implemented (subject to change based on actual EWM growth). The equipment consists of three paddlewheel harvesters and one transport barge. A combination of clear and channel cutting for impediment to navigation will be utilized (higher priority to matted milfoil). Tandem cutting and skimming will be emphasized to address milfoil fragments. The MN DNR permit has been secured and the grant agreement has been executed. He recommended the Board approve the hiring, without benefits, of: 1) Tom Elmer as Site Supervisor at the rate of $16.50 per hour (2nd season), 2) Alex Stock (third year returning seasonal employee) at the rate of $13 per hour, and 3) four additional seasonal employees at the rate of $12 per hour. Additionally, he reiterated his recommendation to approve the Fleet Mechanic contract with Curfman Trucking and Repair, Inc. at the rate of $90 per hour. He entertained questions and comments from the Board. He confirmed the overtime authorized during the 2014 season (based on late EWM growth during the historical high waters) was not expected to continue this season and that the seasonal employees will be certified as a Lake Service Provider. MOTION: Roy moved, Hughes seconded to approve the 2015 EWM Harvesting Program seasonal employees and Fleet Mechanic contract as recommended by staff. VOTE: Ayes (13), Abstained (1, Shuff); motion carried. F. Staff overview of 2015 LMCD Residential Code Enforcement Program Baasen asked Herman for an overview of this agenda item. Herman directed the Board to her staff memo, dated 5/8/15. She offered the following comments (via a PowerPoint presentation): The Board established this program in 2006 for the purpose of enforcing watercraft storage ordinances at residential sites (offering a review of the primary enforcement efforts). An overview of the established communication process (offering sample letters within), as well as the process involved in submitting documentation to the prosecuting attorney should compliance efforts be exhausted. An update on the further refined 2014 findings. Staff’s report (via detailed spreadsheets and staff comments within) of: 1) prosecution costs and fine revenue and 2) value and operational costs of the LMCD’s 1994, 19’ Mako watercraft with a 175 HP Mercury motor. This report was offered at the request of a few Board members in December of 2014. She recommended the Board continue this program for the 2015 boating season as previously established, as well as the re-hiring of Mr. Miles Wilson (third season) at the rate of $13 per hour (without benefits). She stated Wilson navigates the watercraft and provides additional assistance. She entertained questions and comments from the Board, in which she clarified: 1) historical staff hours Lake Minnetonka Conservation District Regular Board Meeting May 13, 2015 Page 16 obtained for both her and Wilson in performing this program (based on December 2014 presentation), as well as the Boat Storage Count Program (simultaneously) on even years only. She stated that Nybeck has recommended that the Shoreline Boat Storage Count be pushed back to 2019 vs. the next regularly scheduled year of 2016 and 2) communication relative to a site previously discussed with Jabbour. MOTION: Thomas moved, Shuff seconded to proceed with the 2015 Proactive Code Enforcement Program, including the hiring of Miles Wilson at the rate of $13 per hour (without benefits). VOTE: Motion carried unanimously. 10. UPDATE FROM STANDING LMCD COMMITTEES Green stated the AIS Task Force met last Friday. Topics of discussion included: An update from the Three Rivers Park District (TRPD) on the hiring or seasonal watercraft inspectors for the 2015 LMCD Watercraft Inspection Program. An update from the Minnehaha Creek Watershed District (MCWD) on an Initiative Foundation (Lessard Sams) funded multi-phase project relative to the continued prevention and management of AIS at launching ramps around the Lake via watercraft operators obtaining a permit (police enforced) after going through a defined decontamination or educational process to park at a specific public access. The MCWD was awarded up to $700,000 for use in 2016. During the interim, the MCWD will be talking with watercraft inspectors, as well as representatives from the 14 member cities. He stated that a number of the Task Force members had strong feelings relative to this subject; however, hesitancy on the proposed parking ordinance was expressed based on: 1) Lake Minnetonka being too large of an entity to initiate a pilot study on this project, 2) a watercraft operator going to a smaller lake would have to stand in a decontamination line with 20 other operators going to Lake Minnetonka, and 3) that there are so many public accesses that this effort could push the Lake user back to using the fire lanes or parking on the street. He had a personal concern of enforcing AIS regulations after a watercraft operator had already launched the boat. He raised this matter so that the Board could educate their respective cities, as well. He offered all to contact him with questions that may arise. Thomas asked if this was something the LMCD Board needed to take a position on. Green believed the Board will need to consider this at a future date. He stated this project would be an all or nothing, as one city could not opt in and another out. Jabbour stated that he, Green, and John Barten from the TRPD serve on the Initiative Foundation Board that approved this grant. It was disheartening to him and Barten that the two components that they found of value are not currently being pursued. Green stated Barten’s concern was that the project had to be tried (a pilot program), which goes back Lake Minnetonka Conservation District Regular Board Meeting May 13, 2015 Page 17 to Green’s concern that the pilot should not be on such a large body of water; referencing Lake Minnetonka’s variables. Morris believed challenges existed with the enforcement aspect. Jabbour believed the peace officers would have to have the permission of the public access owner (e.g., Minnesota Department of Natural Resources or other public organizations) to write tickets on their land. Green stated that since the permits would be issued via a local ordinance, their respective peace officers would be the only enforcer. Additionally, some of the accesses are federally funded which could cause further difficulties. On a side note, he stated that John Barten, who was an original member of the AIS Task Force (formerly known as the EWM Task Force) will be retiring from the TRPD next month. He expressed an interest in recognizing Barten at an upcoming Board meeting. MOTION: Green moved, Jabbour seconded to approve the recognition of John Barten’s service at an upcoming LMCD Board meeting. VOTE: Motion carried unanimously. Green stated that he recently presented to the Mound City Council, in which one of the topics discussed was obtaining their approval to utilize Cooks Bay for watercraft inspections (Right of Entry Authorization). The Council, specifically the Mayor, expressed concerns about the program based on the 2014 quality of service. To this end, the LMCD does not currently have permission to perform watercraft inspections at this site. Therefore, they asked him to respond to the following: 1) how effective is the watercraft inspection program, 2) how much money has the LMCD put into Cooks Bay (estimated $9,000), 3) report back with recommendations or alternatives as to where those funds would be better spent as opposed to doing the inspections, and 4) what are the other member cities’ thoughts relative to this matter. He solicited the Board’s comments on this matter. Zorn believed those questions pose a good example of what should be discussed within the strategic planning sessions (evaluation of the LMCD’s activities). Gross referenced the survey presented under item agenda 9A above, which referenced the ineffectiveness of AIS. He would like to see an empirical study of how AIS inspections slow the rate AIS spreads and are they cost effective. Morris paraphrased Barten by stating inspections are 98% affective. Meyer stated there is a notion out there that Lake Minnetonka is responsible for the spread of AIS throughout the state. He believed the LMCD was obligated to try and stop the spread (whether it is from the Lake or not). Lake Minnetonka Conservation District Regular Board Meeting May 13, 2015 Page 18 He questioned how far the LMCD needs to go to meet that obligation. Jabbour concurred with Meyer that the Lake is labeled, by state, as a super spreader. He believed that Doug Jensen from the Minnesota Sea Grant could provide multiple charts that document Minnesota as being extremely affective in slowing rapid spread of AIS. He reminded the Board that there are other AIS that Lake Minnetonka is still at risk of and that the current inspection goal is 50% ingoing and 50% outgoing. Lastly, he spoke of Lake Service Providers that are currently getting ticketed with the presence of zebra mussel residue; therefore, those individuals are going to start utilizing accesses such as Cooks Bay that are currently not being manned. Baasen stated the Save the Lake Committee met on April 28th to review the results of the fundraising event that took placed at this year’s banquet. The committee will reconvene in June, which is when the last two Boater Safety Education Program training sessions will be held (Saturday the 20th and Monday the 22nd). The Executive Committee met on April 28th at which time they discussed the yacht clubs and sailing schools proposal, as well as delivered the Executive Director’s 2014 annual performance evaluation. Green stated that the Mound City Council suggested the LMCD have a Boater Safety Education (with AIS education) booth at one of their farmers’ market events and during the Spirit of the Lake celebration. Additionally, they asked if the boater safety sessions could expand to adults. Baasen stated the committee is looking into the adult sessions; acknowledging that a number of states have adopted that practice. He confirmed the sessions are reaching many adults through the youth sessions. Klohs stated the Ordinance Review Committee is meeting on May 27th to continue their discussion with the municipalities relative to ordinance amendments. 11. EXECUTIVE DIRECTOR REPORT Nybeck directed the Board to his Executive Director Report, dated 5/7/15. This report provided an outline of pending activities and projects within the LMCD office. Additionally, he highlighted the following information: Memorial Day Weekend Projects 1. LMCD Watercraft Inspections: Inspections will take place at Carsons, Halstead, and Wayzata Bay public accesses (Cooks Bay public access pending approval). Right of entry forms have been secured from the Cities of Deephaven (Carsons Bay), Minnetrista (Halstead Bay), and Wayzata (Wayzata Bay); LMCD tablets have been forwarded to the Three Rivers Park District (TRPD) and their seasonal employees have been secured; and Grant funds have been secured from the MN DNR ($4,000) and Minnehaha Creek Watershed District (50% of total costs). Lake Minnetonka Conservation District Regular Board Meeting May 13, 2015 Page 19 2. Added Water Patrol Presence: He had been in communication with Lt. Kent Vnuk; and The added Hennepin County Sheriff’s Water Patrol deputy (per an approved Save the Lake funded project) have been trained and assigned for additional coverage specific to Lake Minnetonka on Fridays, Saturdays, Sundays, and holidays (1 p.m. to 9 p.m.) from Memorial Day weekend through Labor Day. This project will provide for monthly reporting with a mid-season update to the Board. Spring Park Public Access Upgrades Hennepin County Environment and Energy has planned upgrades to the Spring Park public access during the 2015 boating season with infrastructure, including electrical and repaving, planned for the month of June. They have delayed progress until after the Memorial Day weekend to accommodate traffic launches (specifically due to the restrictions offered at the Grays Bay public access because of County Road 101 construction). They will obtain bids on the electronic changeable message sign (partial Save the Lake funding approved) mid-summer. A tentative completion date for this project has been set for late summer or early fall. Browns Bay Marina (Site 2), Tanager Lake The south opening slips for the south dock have been removed and the dock structure was aligned to the north. Per the approved variance order, an as-built survey has been received and is pending staff and legal counsel review. In regards to the pending litigation relative to this site, the Minnesota State Supreme Court declined a Petition for Review (e-mail forwarded to the Board on April 29th) and the Minnesota Court of Appeals has scheduled Oral Arguments for June 18th at 10:30 a.m. in St. Paul, in which he plans on attending (open to public). He entertained questions and comments from the Board, in which Jabbour requested he forward the briefs to the Board. 12. OLD BUSINESS Jabbour stated he met with Three Rivers Park District Superintendent Boe Carlson and their Public Safety Director. This gathering resulted in their verbal agreement to place a manned patrol boat at Tonka Bay Marina for the 2015 boating season. He recommended the LMCD send a letter of appreciation to the TRPD (with Jabbour forwarding the details to the LMCD). 13. NEW BUSINESS Baasen asked Nybeck to expound on whether the May 27th meeting should be cancelled. Nybeck stated that various Board members had previously commented to him that the LMCD should consider cancelling meetings that are short in nature. At this time, the LMCD has agenda items that would result in a 20 to 30 minute meeting on May 27th. He made reference to the May 27th Ordinance Review Committee meeting, which could continue to take place either at this location or the LMCD office. He entertained Lake Minnetonka Conservation District Regular Board Meeting May 13, 2015 Page 20 questions from the Board in which he confirmed: 1) the draft budget was not a concern as it will be mailed to the member cities tomorrow for a review and comment session that is scheduled for June 4th at the LMCD office, 2) Rapp’s service agreement and a conditional approval of the 2016 draft budget could be approved just prior to the June 10th proposed strategic planning session, and 3) that he would communicate to the yacht clubs and sailing schools that the ordinance amendment and public hearing would be scheduled for the June 24th meeting, MOTION: Baasen moved, Roy seconded to cancel the May 27th Regular Board Meeting. VOTE: Motion carried unanimously. 14. ADJOURNMENT The meeting was adjourned at 10:04 p.m. ___________________________________ Dan Baasen Chair ___________________________________ Gregg Thomas, Secretary ITEM 5B LMCD MONTHLY CASH FLOW CHART APRIL, 2015 Administration 2015 General Revenue/Expense $80,000 $70,000 $60,000 $50,000 $40,000 $30,000 $20,000 $10,000 $- Revenue (That Month Only) Expense (That Month Only) 2015 General Ending Cash $400,000 $350,000 $300,000 $250,000 $200,000 $150,000 $100,000 $50,000 $- General ending cash Budget (16% of 2015 Annual Admin. Expenses) 11:01 AM Lake Minnetonka Gonservation District 06/0{/'t 5 Cash Balances As of April 30, 2015 Cash Basis Apr30,15 ASSETS Current Assets Checking/Savings Beacon Checking 1024M10. Beacon Checking - Gen 1024M20' Beacon Checking - STL 1024M30 ' Beacon Checking . EWM Total Beacon Checking USB Checking/4M 1025M10 ' USB '1025M20' USB 1025M30 ' USB 1025M50 . USB 20,609,89 Sweep Ghecking/4M Sweep -cen Gheckinrg/4M Sweep -S/L Gheckinrg/4M Sweep - EWM Checking/4M Sweep.EquiRepl Total USB Checking/4M Sweep 1090M10 . Beacon Bank. {iavings Total Checking/Savings Total Current Assets TOTAL ASSETS LIABILITIES & EQUIry -45,317,98 12,473.60 53,454.27 -354,464.04 204,950.56 82,04',t.16 67,472.32 0.00 688,466.66 709,076.55 709,076.55 709,076.55 0.00 Page 1 'l Lake Minnetonka Conservation District I :00 AM Administrative Profit & Loss Budget vs. Actual 06/01/15 Janurry through April 2015 Accrual Becis Jan - Apr'15 i Budgct Over 8u... % of Budgot Ordlnery Incomo/Expcnse Incomo 3020M10 ' Municipel Dues . Admin. 3000M10' Intcrcrt - Admin. 3110M10 . Multiple/Pcrm. Dock Lic -Admin. 3120M10 ' DMA liccnsc . Admin. 3130Ml0 ' Deicing Liconlo - Adnrin. 3170M10 . Vrriencec - Admin. 3200M10 . Spccitl Donlity . Admin. 3220M10 ' Spocial Evcntr - Admin. 32401S10 . Chrrtcr Boatc - Admin. 3260M10 . Court Fines - Admin. 32tOM10' Liquor/Bccr/Winc Liccnrc-Adrnin. 3300M10 ' Othcr Incomc - Admin. 33/t0M10 ' Public Agoncy Grantr-Aidc - Adm t400M10 ' Trenslcrr ln - Admin. Totel Incomc Grocr Profit n9,494.75 833.27 74,223.38 3,350.00 0.00 -186.50 0.00 0.00 3,250.00 7,785,48 20,'150.00 510.00 0.00 0.00 247,992.00 2,000.00 76,650.00 3,350.00 5,500.00 2,000.00 2,500.00 0.00 -178,497.25 -1 ,166.73 -2,426.62 28.0o/o 41 ,70/o 0.00 96.8% 100,0% -5,500.00 -2,186.50 -9.3% -2,500.00 O.0o/o 0.0o/o 0.00 0.00 -750.00 -47,214.52 -850.00 -1 ,490.00 -500.00 0.00 179,410.38 422,492.00 -243,081.62 42,5% 179,410.38 422.492.00 -243,081.62 42.5o/o 204,488.00 15,643.00 15,364.00 7,486.00 2,460.00 1,050.00 -140,109.3'l -10,439.07 -10,262.'.t8 -36.00 -1,585.20 31 .5o/o -1,0s0.00 0.0%o s,000.00 31 .1%o 11,000.00 1,000.00 1,100.00 2,500.00 0.00 3,300.00 -3,444.18 -10,676.01 -947.75 -876.30 -1,484.78 0.00 -2,400.00 27 3% 4,500.00 -2,83't.27 37'.t% 4,260.00 17,'t80.00 7,250.00 1,700.00 -663.66 -10,066.00 -7,250.00 -1,700.00 -11,798.68 4,000.00 55,000.00 21,000.00 2,000.00 s00.00 0.0o/o 81.3% '14.2% 96.0% 25,5% 0.Oo/o 0.0% Exponrr 4020M10' Selerlcr-002 - Admin 4021M10 . ER Shrrc of Admln FtCA/Mcdicero 4022M10 . ER PERA - Admin . '0040M10 . Audtfing Admin. 4060M10 Tolephono - Admin. 4070M10 'Wob Pagc / Internct - Admin. 'f0E0M'10'. Poetrge Admin. 4100M10 Printing . Admin. . 'fi10M10 Publlc Info./Lcgal - Admin. 4140Ml0 ' Equipmcnt REM . Admin. 41E0M10 ' Profcsslonal Servicec - Admin. 41E1Ml0 . Frofessional Comp. Serv.-Adnrin. 41E2M'10 ' Mcdia (Cabtc/tntcrnct) - Admin. 4220M10. Office Supptics -Adrnin. . 'f230M10 . Moeting Exp. - Admin. a320ill0 Office Ront - Admin. tl340itl 0 . Incurancs - Adnrin. 4t60Ml 0 . Subs/Mombcrshlps - Admln. 43E0M10 . Employcc Bcncfits - Admin. . Milcagc/Exp's - Admin. '0400M'10 . 'Inining/Prof. Devcl. - Admin. 'f410M10 a620lrll0' Furniture & Equip - Admin. 4530M10 . Comp. Sftwr & Hdwr - Admin. 4620M10 . Lcgel Fccs - Admin. /t640M10 . Prorccution Fces . Admln. 4650M10 . Room t Board - Admin. 4660i110 . Proactive Codo Enforcemcnt prog 49A0Ml0 . Contingoncy . Admin. Totel Expcnre Not Ordlnery Incomc Nct Incon'ro 64,378.69 5,203.93 5,10't .82 7,450.00 874.80 0.00 1,555.82 323 99 52.25 223.70 1,015.22 0.00 900.00 1,668.73 3,596.34 7,114.00 0.00 0.00 6,922.32 8:t.95 242.15 0.00 907.53 8,241.66 9,398.88 0.00 353,00 341.00 18,72',t OO 33.3% 33.2% 99.5% 35.6% 2.9o/o 5.2o/o 20.30/o 40.60/o 0.0o/o u.4% 41 .4o/o 0.Oo/o 0.iYo 37.OVo 2,000.00 -'t,916.05 4,2% 400.00 60.5o/o 1,500.00 2,000.00 32,000.00 -157.85 -1,500.00 -1,092.47 -23,758.U 45,000.00 -35,601 2 25.8o/o 20.9o/o .1 0.0% 45.4o/o 1,000.00 -1,000.00 0.00/o 4,590.00 4,237.00 7.7o/o 10,000.00 -9,659.00 't25,949.78 422,492.00 -296,542.22 29.8o/o 53,460.60 0.00 53,460.60 100.0% 53,460.60 0.00 53,460.60 100.0% 3.40/o Fege 1 't:'t7 pM oltoztls Accrual Lake Minnetonka Conservation District Basis AIS ManagemenUPrevention Profit & Loss Budget \/s. Actual January through April 2015 Jan - Ap... Budget 26,481.50 0.00 94,500.00 500 00 53,500 00 $ Over Bu... o/. ot 8... Ordinary Income/Expense Income 3020M30 . Municipal Dues - AIS 3080M30.lnterest-AlS 3300M30 ' Public Agencies/Other Income Total Incorne Gross Profit 000 -68,018.50 -500 00 28 0% 0.0% -53,500.00 0.Oo/o 26,481.50 148,500.00 -122,018.50 ,t7.8% 26,481.50 148,500.00 -122,018.50 17.80k Expense AIS Prevention Program 4131M30 . Uniforms - AIS Prevention 4151M30 . Equip. Supplies -AlS prevention 4171M30 . Fuel/Supl. Spayr-AlS prevention 4181M30 . Prof. Services - AIS prevention 4382f'/130 . Salaries - AIS Prevention 4383[1/130 ' ER Share AIS Prevent. Fica-Med 4531 M30 . Software & Hardware/Training 4981M30 . Contingency - AIS prevention 0.00 0.00 0.00 0.00 0.00 0 00 000 0 00 0.00 Total AIS Prevention Program 0.00 0.00 0.00 39,000 00 0.00 0.00 000 0.00 0.00 0.00 -39,000.00 0.00 0.00 0.00 14,500 00 -14,500.00 53,500.00 -53,500 00 32,602.00 2,494 00 200 00 -132,602.00 0 0% 0.Oo/o 0.0% 0.0To 0.0% 0 0% 0 0% 0 00/o 0.0% EWM Harvesting Program 4020M30'Salaries-EWM 4021M30 4060M30 4100M30 . ER Share of EWM FtCA,/Medicare .Telephone - EWM . Printing/Advertising - EWM 4110M30.Public Info./Legal - EW|M 4130M30 .Uniforms - EWM . Equipment R&M - EWM . Equip. Suppties & Maint. - EWM . Fuel - HarvestorMk Boats-EWM 417011t30' Fuel/Suppty - Van - EWM 434011/130 . Insurance W/C - EWM 4140M30 4150M30 4160M30 43501tl130 . 47201V130 . Ins./Equip. - EWM Contract Mechanic Fees - EWM 47211Vi3O. Specialty Mechanic - EWM 4740M30 .Truck Service - EWM 498011/130 . Contingency - EWM 500011/130 . EWM Reserve Expense Total EVVM Harvesting Program Total Expense Net Ordinary Income Net Income 000 000 0.00 1 86.1 0 19.00 000 000 0.00 0.00 0.00 000 000 0.00 0.00 000 11969 1 86.1 0 19.00 94.90 0.0% 0 0To 0 0% 100.0% 100.0% 0.0% -2,494.00 -200.00 0.00 0.00 -94 90 -12,500.00 12,500 00 6,500 00 1,500.00 3,000.00 500 00 12,000 00 2,000 00 19,000.00 2,404.00 -19,000.00 -2,284.31 0.0%o 95,000 00 -94,675.21 03% -1,t8,175.21 0.20/o 00 -1,500.00 -3,000 00 -500.00 - 12,000.00 -2,000 00 -6,500 0 0% 0 00/o 0.0% 0.0% 0.0vo 0 0% 0 0% 5.0% 0.00 324.79 324 79 26,156.71 26,156.71 148,500.00 0.00 0.00 "26,156.71 :26,156.71 100.0% 100.0% Page 1 Lake Minnetonka Gonservation District 11:01 AM Save the Lake Profit & Loss Budget vs. Actual 06/01 /1 5 Accrual Basis January through April 2015 Jan - Apr 15 Budget $ Over Budget % of Budget Ordinary Income/Expense Income 3001M20 . Donations (General) - S/L 3002M20 . Donations (Photograph) - S/L 3003M20 ' Donations (Safety prog.) - S/L 3005M20 ' Donations (Banquet) - S/L 3270M20. S/L Recognition Dinner - S/L Total Income 3,749,67 96.80 2,789.25 8,730.00 4,560.00 't9,925.72 Gross Profit 19,925,72 Expense 4080M20.Postage-S/L 4100M20'Printing-S/L 41'11M20' 4160M20 ' 4220M20. 4980M20 . Public Service/Education . S/L Public Safety - S/L Office Suppties - S/L Contingency - S/L Total Expense Net Ordinary Income Net Income 336.96 0.00 11,849.12 321.61 0.00 ?4 00 '12,539.68 7,386.04 7,386.04 7,386.04 Page 1 u @E c c .Hg:EEg E* E 3i -.glJ q v q a c c c cc c F o q q tr !.s E^ 6.! L! $ic c a F {€ o (6 U o 6 tr d F. frE fiH EH o5 xm =\ rd aiE FC o= q es gR tr q N a v di tr o6 IH' iE fib oh EE E.H 8s 'Ib LU q f c T F o II Efr$ gFE (J= UIJ zi o g> !*l o EX o.= utu ad: = o c c z4 q L t c n q C c = u F : tI c c c c 0( d 6 I F c f: c tr c c cc r a c rtr V o q n V x tr F o F d F = r c 6 U 6 tr o q c 6 rn tr A o o q q o) F c q 6 i tr v o o tr ( g) tr to c oo c c( f t c ( C f, l c s I C + + n T c E o a ( 0 I I C a T U o o c t c o 6 c c tr c t b c ? E c c o c6 q a q c^ F C + o o o o o o q t q ( c + c F v c o C u c ! -Ft z t I d f c c c j c c i F q + F s e o ! I f c6 c G t o d I E HI ul = c FI v E d o c : q F 6l ml @l nl =l xl ol bl xl o c o v n <x ]nii ri oi No I o f q v c o 6 o a G c o c c o-o -iE c ( F + q H#i ( e c Ic T 'a C 0( tr (9Q +c F 'c tr c fi OE ! ,I o 6 F. : F.. di $ ITEM 5C SERVICE AGREEMENT entered into by and between CRAIG RAPP, LLC (herein referred to as CRAIG RAPP) and Lake Minnetonka Conservation District (herein referred to as the “Client”) WHEREAS CRAIG RAPP wishes to provide to the Client certain services described in this Agreement and the Client wishes CRAIG RAPP to provide such services / work: THE PARTIES THEREFORE NOW AGREE AS FOLLOWS: 1. DESCRIPTION OF WORK CRAIG RAPP shall provide facilitation and strategic planning services to the Client. 2. SCOPE OF WORK 2.1 The scope of work shall be facilitation and strategic planning services as outlined in the proposal attached to, and forms part of, this Agreement as Appendix A. 2.2 CRAIG RAPP shall make best efforts to incorporate the assistance of the Client in the delivery of the work as described in order to minimize, and to the extent feasible, reduce the cost. CRAIG RAPP shall be the final arbiter regarding assistance to be provided and cost reductions. 3. ALTERATIONS / ADDITIONS TO WORK 3.1 Neither party may affect any change of whatever nature to the Scope of Work outlined in Clause 2 and outlined in the proposal without the prior written approval of the other party. 3.2 Should the scope and parameters of work change materially after the signing of this Agreement, the parties shall draw up and sign a new Agreement which new Agreement shall cancel and revoke the terms and provisions of this Agreement. Service Agreement 4. page 2 of 10 DURATION OF WORK 4.1 The work shall commence on June 1, 2015 and shall be completed by September 30, 2015. 4.2 Should CRAIG RAPP foresee that it will be unable, for whatever reason, to complete the mandate by the completion date, then CRAIG RAPP shall give written notice to that effect to the Client at least two (2) weeks prior to the completion date and apply to the Client for an extension of the completion date. 4.3 On receipt of such notice / application for extension the Client shall not unreasonably withhold approval of such application provided that CRAIG RAPP shows good cause in support of its application. 5. CONTRACT PRICE AND PAYMENT SCHEDULE 5.1 The contract price for the scope of work identified in Appendix A is $7,500.00, which includes all costs. 5.2 Optional sessions beyond the initial scope of work identified in Appendix A are offered as follows: 5.2(a) Optional session to facilitate the development of action plans is $2,000.00. The Client shall provide notice in writing to engage the optional session. 5.2(b) Optional session to facilitate a session on effective governance is $2,500.00. The Client shall provide notice in writing to engage the optional session. 5.2(c) Optional session to the development of a strategic profile and environmental scan is $2,000.00. The Client shall provide notice in writing to engage the optional session. 5.3 The first payment, in the amount of $2,000.00 shall be made upon execution of this agreement. 5.4 The CRAIG RAPP shall submit progress invoices monthly. Client shall make payment within 30 days upon receipt of an invoice from CRAIG RAPP. 6. CONTACT PERSONS 6.1 For this Agreement, the contact person for CRAIG RAPP is Craig Rapp. 6.2 For this Agreement, the contact person for the Client is Greg Nybeck. 6.3 The persons referred to in Clauses 6.1 and 6.2 shall be regarded as the contact persons for all matters concerning the work and any substitution of either person by either party shall be effected by way of written notice to the other party. 7. GOOD FAITH The parties shall act with the utmost good faith between each other in all matters concerning this Agreement and the parties shall use their best efforts to ensure that the objectives of this Agreement Service Agreement page 3 of 10 are met and realized. 8. DUTIES OF CRAIG RAPP CRAIG RAPP shall conduct all work associated with the contract individually. 9. DUTIES OF CLIENT The Client shall ensure that: 9.1 All assistance given to CRAIG RAPP shall be timely to ensure that the terms and objectives of this Agreement are met. 9.2 Payments due as required by terms of this Agreement are made in accordance with the provisions of Clause 5 hereof. 10. INDEMNIFICATION Notwithstanding any provisions in this Agreement, CRAIG RAPP warrants that it shall use its best efforts to ensure that the work is of the highest standard, no warranty can be given by CRAIG RAPP in respect of the work and accordingly the Client hereby agrees to waive all claims for any harm or loss, including consequential losses, which it may substantially have against CRAIG RAPP, its employees, agents, and other persons connected in some way to such work, such claims having arisen from any cause whatsoever. 11. INTELLECTUAL PROPERTY All copyright, title and interest in any document produced or process designed or devised by CRAIG RAPP in the course of this Agreement shall remain vested in CRAIG RAPP. CRAIG RAPP hereby grants to Client an unlimited non-exclusive license right to reproduce and use, for its governmental purposes, all deliverables and any underlying data produced under this agreement, including the right to made and use derivative works. 12. VARIATIONS / AMENDMENTS No variation or amendment of the terms and provisions of this Agreement shall have any force or effect unless same are reduced to writing and such amending document is signed by the parties. 13. ENTIRE AGREEMENT This Agreement, including its Addenda, shall constitute the entire Agreement and no other conditions, warranties, stipulations or representations shall be binding on the parties. Service Agreement 14. page 4 of 10 SIGNATORIES The signatories to this Agreement warrant that they are duly authorised to bind their respective employers, CRAIG RAPP and the Client. CRAIG RAPP: Lake Minnetonka Conservation District: 40 East Chicago Ave # 340 Chicago, IL 60611 Accepted for and on behalf of Accepted for and on behalf of CRAIG RAPP, LLC and duly authorized and duly authorised Signature: Signature: Name: Craig R. Rapp Name: Designation: President Designation: Date: May 26, 2015 Date: Place: Chicago, IL 60611 Place: Service Agreement page 5 of 10 APPENDIX A IMPROVING ORGANIZATIONS & THE PEOPLE WHO LEAD THEM May 11, 2015 Deborah Zorn Lake Minnetonka Conservation District 5341 Maywood Road, Suite 200 Mound, MN 55364 RE: Revised Proposal for Strategic Planning Dear Ms. Zorn, Based upon our recent conversation at Minnetonka City Hall, the attached revised proposal is submitted for your consideration. The proposal specifically addresses the following needs identified during our discussion: The desire to minimize the cost and scope of the project—specifically, maintaining comparability with similar projects in constituent cities Offering a “menu” approach to the offerings—but preserving a core proposal for strategic planning Establishment of strategic priorities, measurable outcomes and performance targets for a threeyear period. Deliver actionable plans based upon current environmental conditions, survey results and Board member feedback. Based upon my understanding of the desired outcomes and meeting schedules, the process described is projected to run for approximately three-four months beginning in June and ending in AugustSeptember 2015. I have attached a brief summary of my credentials, along with a representative client list and project examples. As indicated, I have over 30 years of experience as a senior executive and consultant to local government and have conducted hundreds of workshops and strategy sessions across the country. Thank you for the opportunity to provide these services to the LMCD. Yours truly, Craig Rapp President Service Agreement page 7 of 10 Proposal The following describes in detail the strategic planning process proposed for the LMCD. Session #1- Review Organizational Purpose/Mission—4 hour meeting This session will be focused on determining the organization’s mission, vision and values. The first step will be determining the mission (purpose)—supported and focused by a discussion of enabling authority, other competing and complementary organizations, and the LMCD’s desired value proposition. To the extent relevant, this will also include a review of stakeholder survey results. The outcome will be a draft mission statement. In alignment with the Board’s philosophy and the mission, a set of organizational values will be developed—establishing core principles for the operation. A draft vision statement—summarizing the LMCD’s vision for the future, will be developed. Accomplishing all three elements in a single meeting will depend upon the how quickly agreement and alignment on these issues can be achieved, and the extent to which current statements/beliefs need to be modified. a. Review current Mission, Vision, Values, enabling authority (supplied by LMCD) b. Develop session outline/agenda materials c. Facilitate session d. Summarize results- prepare agenda materials Session #2- Examine the Environment- SWOT Analysis, Identify Organizational Challenges, Priorities– 3-4 hour meeting. This session will be dedicated to examining the internal and external environment within which the LMCD operates. A facilitated process using information generated by the environmental scan, stakeholder survey, and a SWOT questionnaire filled out in advance by the LMCD Board and staff. The outcome will be a set of organizational challenges and strategic priorities. a. Develop and distribute SWOT questionnaire b. Review and compile questionnaire results c. Review stakeholder survey and environmental scan results d. Develop agenda materials e. Facilitate session f. Summarize results- prepare agenda materials g. Incorporate results into follow-up session Session #3 – Determine Strategic Priorities, Establish Key Outcomes and Performance Targets- 4-5 hour meeting This session will build on the work of the previous session—resulting in the confirmation of Strategic Priorities, and the identification of desired outcomes. This will include the creation of Key Outcome Indicators (KOI’s), and performance targets. An initial list of supporting initiatives may also be discussed, reflecting specific projects to be undertaken. a. Prepare background materials b. Review previous session discussion/results c. Discuss plans/documents with Executive Director d. Facilitate session e. Summarize results Summary Report. A summary report, detailing the process, will be presented. This will include the strategic priorities, desired outcomes, key outcome indicators and targets along with supporting initiatives. The newly adopted mission, vision and values will also be included. a. Prepare summary report Optional Session – Develop Strategic Initiative Action Plans – 3 hour meeting This session will be conducted with the staff and will focus exclusively on finalizing the supporting initiatives and creating detailed action plans for each strategic priority, in line with the Key Outcome Indicators. Action plans need to be developed in sufficient detail to establish accountability and make the effort real. The Service Agreement page 8 of 10 session will include a review of the strategic planning process to provide guidance on the development of effective plans. a. Meetings with Executive Director b. Prepare background materials c. Review previous session discussion/results d. Facilitate session e. Summarize results Optional Session- Effective Governance- Roles and Responsibilities – 2.5-3 hour meeting An interactive session with the Board and staff leadership team will be conducted to familiarize the group with best practices in governance and effective decision-making. Prior to the session, participants will complete a questionnaire, the results of which will be used to identify issues relevant to the LMCD’s governance process. The session will build upon the work completed on mission, vision and values to focus the discussion. Session topics covered will include: roles and responsibilities, leadership and teamwork, handling conflict, accountability and decision-making. a. Develop and administer questionnaire b. Summarize questionnaire results c. Prepare background materials. d. Facilitate session Optional Session- Environmental Scan, Strategic Profile –2-3 hour meeting An environmental scan –or a detailed review of the organization and its operating environment is employed as a preliminary step in a strategic planning process. It provides a detailed profile of the organization and its capacity, as well as a detailed look at the primary external influences that impact organizational performance. This will be developed by staff, but includes consultant support and guidance in the form of templates, examples, and approaches for the development of a useful environmental scan. a. Review organizational context with Executive Director b. Recommend environmental scanning approach c. Present examples and outline an approach for consideration d. Provide advice and support as needed e. Review documents and organize environmental scan f. Present/co-present to LMCD Board Proposed Fee Service Agreement page 9 of 10 The total fee for the proposed process—Sessions 1-3—is $7,500.00, which includes all costs. The fees for Optional Sessions are listed below: Select the process by placing an (X) in all boxes that apply: X $7,500.00- facilitated strategic planning process-sessions 1,2,3 $2,000.00- Optional session-develop action plans with staff $2,500.00- Optional session-Effective Governance-Roles and Responsibilities $2,000.00- optional session-Environmental Scan, Strategic Profile process $235/hour—Consulting services hourly rate _____________________________________________________________________________ for the LMCD Date May 12, 2015 ______________________________________________________________________________ for Craig Rapp, LLC Date REFERENCES Below are selected references from recent engagements similar to the one proposed for the LMCD. 1. 2. 3. 4. 5. 6. 7. 8. 9. City of Brooklyn Center City of Golden Valley City of New Brighton City of Roseville City of Edina City of Wayzata City of Minnetrista City of Crystal City of Brooklyn Park Contact: Curt Boganey, City Manager, City of Brooklyn Center – [email protected], (763) 5693303 Tom Burt, City Manager, City of Golden Valley, [email protected], (763) 593-8095 Dean Lotter, City Manager, City of New Brighton- [email protected], (651) 638-2041 Service Agreement page 10 of 10 Scott Neal, City Manager, City of Edina – [email protected], (952) 826-0401 Heidi Nelson, City Manager, City of Wayzata- [email protected], (952) 404-5309 Pat Trudgeon, City Manager, City of Roseville, [email protected], (651) 792-7021 Mike Barone, City Administrator, City of Minnetrista, [email protected], (952) 241-2511 Anne Norris, City Manager, City of Crystal, [email protected], (763) 531-1000 Mike Sable, Acting City Manager, City of Brooklyn Park, [email protected], (763) 4938000 Examples of strategy and vision projects from the following clients is attached: City of Wayzata- Strategic Plan- includes priorities, measureable outcomes, strategic initiatives Village of Cary, IL-Strategic Plan (conducted as part of my alliance w/ Northern Illinois University) – includes priorities, outcomes and details of initiatives/action plans City of Edina- Strategy driven work plan-shows the organization’s work plan—developed in alignment with the strategic plan City of Lakeville-Community Vision- a community-wide effort to establish a 25-year vision-a ninemonth effort involving a survey, focus groups, community forums and hundreds of community participants City of New Brighton-Performance Report- example of a quarterly performance report developed to report progress on strategic priorities and targeted outcomes Consultant Credentials Craig Rapp, President, Craig Rapp, LLC is a nationally recognized speaker, a former city manager, and the former Director of Consulting for the International City-County Management Association (ICMA). Mr. Rapp speaks and conducts workshops throughout the United States on a wide range of subjects such as: leading in difficult political environments, effective governance, service delivery optimization, and authentic leadership. Mr. Rapp’s thirty-five years of experience as a senior executive in the public, private and non-profit sectors includes service as city manager in three Minnesota cities, senior director at the Metropolitan Council, and vice president of a national consulting firm. The focus of his work is leadership development, strategic planning and optimizing organizational performance. He has a master’s degree in public administration, a bachelor’s degree in urban studies, holds a Credentialed Manager designation from ICMA, and has completed the Senior Executive Institute at the University of Virginia. ITEM 5D STATE OF MINNESOTA LAKE MINNETONKA CONSERVATION DISTRICT RESOLUTION NO. 141 A RESOLUTION APPROVING MASTER SUBSCRIBER AGREEMENT FOR MINNESOTA COURT DATA SERVICES AND AUTHORIZING EXECUTION THEREOF WHEREAS, the LMCD requires access to court records for criminal prosecutions; and WHEREAS, for electronic access to court records, the State of Minnesota, Office of State Court Administration requires execution of its MASTER SUBSCRIBER AGREEMENT FOR MINNESOTA COURT DATA SERVICES FOR GOVERNMENTAL AGENCIES and the MASTER SUBSCRIBER AGREEMENT AMENDMENT FOR MPA MY CASE; and WHEREAS, the two Agreements were approved by the LMCD Board on October 24, 2012; and WHEREAS, the Courts have adopted a new data management system for criminal records which requires approval of a new MASTER SUBSCRIBER AGREEMENT FOR MINNESOTA COURT DATA SERVICES FOR GOVERNMENTAL AGENCIES; and WHEREAS, the Board has determined that approval and execution of such Agreement is in the best interests of the public. NOW, THEREFORE, BE IT RESOLVED by the Lake Minnetonka Conservation District Board of Directors that the MASTER SUBSCRIBER AGREEMENT FOR MINNESOTA COURT DATA SERVICES FOR GOVERNMENTAL AGENCIES is hereby approved and the Executive Director is authorized and directed to execute such agreement, transmit them to the Court and take such other steps as are necessary to carry out the terms of said agreements. ADOPTED by the Lake Minnetonka Conservation District Board of Directors this 10th day of June, 2015. Dan Baasen, Chair ATTEST: Gregg Thomas, Secretary ITEM 6A May 15, 2015 TO: LMCD City Administrators LMCD Board Members FROM: Greg Nybeck, Executive Director SUBJECT: Draft 2016 LMCD Budget Enclosed is a copy of the draft 2016 Lake Minnetonka Conservation District (LMCD) Budget. The LMCD invites you to attend a review and comment session scheduled for Thursday, June 4th, at 11 a.m. in the LMCD office. By state statute, the allocation of levy to the 14 member cities is based on their percentage of the cumulative net tax capacity, with no city paying greater than 20% of the overall levy. The LMCD Board has considered and recognizes the economic challenges the member cities are currently facing. Thus, a decrease in the overall levy is proposed. Highlights of the draft 2016 LMCD Budget include the following: Budget Highlights Overall Levy Total Expenditures Personnel Services Office Lease & Storage Eurasian Watermilfoil (EWM) Harvesting Program Equipment Replacement Fund Aquatic Invasive Species Prevention & Management Draft 2016 LMCD Budget Details 10.4% decrease ($306,866 compared to $342,492 in 2015). 2.1% decrease ($570,366 compared to $582,492 in 2015). 0.2% increase ($254,738 compared to $254,216 in 2015). Compensation adjustments are proposed at up to 2.5% in Contingency and will be based on performance (see enclosed survey). 2.5% increase ($17,609 compared to $17,180 in 2015). $85,500 for EWM mechanical harvesting of public navigational areas (10% decrease from 2015 due to whole bay and large scale herbicide treatments coordinated by Lake Minnetonka Association). A $30,000 grant is anticipated from the MN DNR. $17,500 in transfers ($15,000 from the AIS Reserve Fund and $2,500 from the Administration Reserve Fund) for future replacement of EWM capital equipment (compared to $35,000 in 2015). $40,000 for watercraft inspections through various partnerships. A $4,000 grant from the MN DNR and a $20,000 grant from the Minnehaha Creek Watershed District are anticipated. The LMCD values your review and input. Please let me know if you would like me to attend an upcoming city council meeting to discuss the draft 2016 LMCD Budget or to review LMCD activities and projects. Review and approval by the LMCD Board is planned for the June 10th meeting. LAKE MINNETONKA CONSERVATION DISTRICT 2016 BUDGET AND LEVY (DRAFT) 2010 U.S. Census Population Data 2014 Taxable Market Value 2014 Net Tax Capacity % of Total Net Tax Capacity (Note 1) Share of Admin. Levy in 2016 DEEPHAVEN 3,642 1,032,251,985 11,581,247 5.0% $16,325 $4,914 $21,239 $23,018 -$1,779 -7.7% EXCELSIOR 2,188 370,753,654 4,630,478 2.0% $6,527 $1,965 $8,492 $9,053 -$561 -6.2% GREENWOOD 688 287,137,820 3,276,453 1.4% $4,618 $1,390 $6,009 $6,560 -$551 -8.4% MINNETONKA 49,734 7,755,295,658 97,592,653 42.2% $47,173 $14,200 $61,373 $68,498 -$7,125 -10.4% City Share of AIS Share of Total Share of Total Levy in 2016 Levy in 2016 Levy in 2015 Increase in Total Levy from 2015 % of Increase from 2015 MTKA BEACH 539 279,018,887 3,254,759 1.4% $4,588 $1,381 $5,969 $5,738 $231 4.0% MINNETRISTA 6,384 1,286,340,955 13,666,702 5.9% $19,264 $5,799 $25,063 $28,290 -$3,227 -11.4% MOUND 9,052 1,006,507,064 10,665,953 4.6% $15,034 $4,526 $19,560 $21,276 -$1,716 -8.1% ORONO 7,437 2,431,401,691 27,566,309 11.9% $38,857 $11,697 $50,553 $59,334 -$8,781 -14.8% SHOREWOOD 7,307 1,449,497,111 15,926,414 6.9% $22,449 $6,758 $29,207 $33,032 -$3,825 -11.6% SPRING PARK 1,669 216,026,342 2,578,200 1.1% $3,634 $1,094 $4,728 $5,545 -$817 -14.7% TONKA BAY 1,475 512,085,023 5,815,803 2.5% $8,198 $2,468 $10,665 $12,024 -$1,359 -11.3% VICTORIA 7,345 1,162,010,000 12,231,055 5.3% $17,241 $5,190 $22,430 $23,344 -$914 -3.9% WAYZATA 3,688 1,494,142,332 19,605,682 8.5% $27,636 $8,319 $35,954 $40,215 -$4,261 -10.6% 437 262,265,908 3,066,103 1.3% $4,322 $1,301 $5,623 $6,564 -$941 -14.3% 101,585 19,544,734,430 231,457,811 100.0% $235,866 $71,000 $306,866 $342,491 -$35,625 -10.4% WOODLAND Maximum Levy Per MN statute 103B.635 (Total Taxable Market Value * .00242%): (Note 1) Per MN statute 103B.631, no city may pay more than 20% of the total levy. The City of Minnetonka would pay a constant 20% of any amounts to be levied. Remaining cities factor for determining levy amounts is computed as: (City Net Tax Capacity / ( Total Net Tax Capacity - Minnetonka Net Tax Capacity ) ) * 80% Total Net Tax Capacity less Minnetonka Net Tax Capacity Net Tax Capacity for remaining 13 cities 231,457,811 (97,592,653) 133,865,158 $472,983 2016 BUDGET DETAIL (Draft) 2013 Actual REVENUES 1. Administration a) LMCD Communities Levy b) Use from Administration Reserve c) Court Fines d) Licenses e) Other Public Agencies f) Interest g) Other Income SUB-TOTAL ADMINISTRATION 2014 Budget 2014 Actual 2015 Budget 2015 Actual Projected 2016 Budget Footnote # See Appendix A 238,652 34,096 55,611 110,382 696 2,055 2,259 443,751 245,990 19,565 55,000 115,000 0 1,250 2,000 438,805 245,990 0 62,156 114,586 696 1,358 1,043 425,829 247,992 0 55,000 115,000 500 2,000 2,000 422,492 247,992 0 55,000 115,000 500 1,250 2,000 421,742 235,866 17,500 55,000 115,000 500 1,500 2,000 427,366 91,951 51,893 0 484 144,328 94,625 30,000 0 375 125,000 94,625 51,841 0 0 146,466 94,500 30,000 0 500 125,000 94,500 53,500 0 500 148,500 71,000 54,000 0 500 125,500 25,000 0 0 25,000 25,000 0 0 25,000 25,000 0 0 25,000 35,000 0 0 35,000 35,000 0 0 35,000 17,500 0 0 17,500 TOTAL REVENUES 613,079 588,805 597,295 582,492 605,242 570,366 Total Levy 330,603 340,615 340,615 342,492 342,492 306,866 DISBURSEMENTS ADMINISTRATION 1. Personnel Services: a) Salaries- excludes EWM Project Management time b) FICA & Medicare c) Employer Benefit Contributions SUB-TOTAL PERSONNEL SERVICES 198,718 15,199 31,802 245,719 200,524 15,340 33,279 249,143 203,829 15,502 32,397 251,728 204,488 15,643 34,085 254,216 207,618 16,068 32,707 256,393 205,100 15,690 33,948 254,738 3 4 5 39,143 2,130 41,273 47,409 2,500 49,909 16,760 2,054 18,814 17,180 2,500 19,680 17,180 2,500 19,680 17,609 2,500 20,109 6 7 2. Aquatic Invasive Species a) LMCD Communities Levy b) Other Public Agencies c) Use from AIS Reserve d) Interest SUB-TOTAL AQUATIC INVASIVE SPECIES 3. Equipment Replacement a) Transfers from Administration and AIS Reserves b) Receipt from LMCIT c) Use from Equipment Replacement Reserve SUB-TOTAL EQUIPMENT REPLACEMENT 2. Contractual Services: a) Office Lease & Storage b) Professional Services SUB-TOTAL CONTRACTUAL SERVICES 1 2 2016 BUDGET DETAIL (Draft) 2013 Actual 3. Office & Administration: a) Office, General Supplies b) Telephone c) Website, Internet, & E-mail d) Postage e) Printing, Publications, Advertising f) Maintenance, Office Equipment g) Subscriptions, Memberships h) Insurance, Bonds i) Public Information, Legal Notices j) Meeting Expenses k) Media (Cable & Internet) l) Mileage m) Employee Training SUB-TOTAL OFFICE & ADMINISTRATION 2014 Budget 2014 Actual 2000 400 39,860 4,500 2,640 300 5,000 12,000 1,100 1,768 7,250 1,000 4,500 3,600 2000 400 46,058 0 543 543 1,000 2,000 3,000 478 1,583 2,061 1,500 2,000 3,500 1,500 2,000 3,500 1,500 2,000 3,500 31,674 50,963 317 82,954 32,000 45,000 1,000 78,000 40,744 29,738 812 71,294 32,000 45,000 1,000 78,000 32,000 45,000 1,000 78,000 32,000 45,000 1,000 78,000 6. Contract Services/Studies: a) Audit b) Information Technology SUB-TOTAL CONTRACT SERVICES/STUDIES 7,050 81 7,131 7,268 500 7,768 7,250 303 7,553 7,486 750 8,236 7,486 750 8,236 7,711 750 8,461 7. Code Enforcement Program 3,410 4,000 11,940 4,590 4,500 4,500 0 0 0 0 0 0 25,000 25,000 25,000 0 0 2,500 26,700 7,125 3,073 10,000 20,000 12,000 468,751 463,805 432,902 422,492 435,649 429,866 9. Equipment Replacement Fund 10. Contingency TOTAL ADMINISTRATION 5,000 10,500 1,100 1,700 7,000 1,000 4,500 1817 0 36,021 Footnote # See Appendix A 4,500 2,640 300 5,000 11,500 1,100 1,700 7,250 1,000 4,350 3,600 2000 400 45,340 8. Administration Reserve Fund 3,637 9,996 850 1,611 7,205 939 3,833 2016 Budget 4,500 2,460 300 5,000 11,000 1,100 1,700 7,250 1,000 4,260 3,300 2000 400 44,270 5. Legal: a) Legal Services b) Prosecution Services c) Hennepin County Room & Board SUB-TOTAL LEGAL 4,500 2,160 2015 Actual Projected 4,077 2,621 228 4,968 11,575 917 1,677 6,591 1,435 5,786 0 1514 50 41,439 4. Capital Outlay: a) Furniture & Equipment b) Computer Software & Hardware SUB-TOTAL CAPITAL OUTLAY 3,943 2,190 2015 Budget 8 9 10 11 12 13 14 2016 BUDGET DETAIL (Draft) 2013 Actual AQUATIC INVASIVE SPECIES (AIS) 1. Eurasian Watermilfoil (EWM) Harvesting Program 2014 Budget 2014 Actual 2015 Budget 2015 Actual Projected 2016 Budget Footnote # See Appendix A 79,428 95,000 97,496 95,000 95,000 85,500 15 2. Equipment Replacement Fund 0 0 0 35,000 35,000 15,000 16 3. AIS Reserve Fund 0 0 0 0 0 0 4. Herbicide Treatment Program 0 0 0 0 0 0 33,472 30,000 35,492 30,000 39,000 40,000 0 0 0 0 0 0 TOTAL AQUATIC INVASIVE SPECIES 112,900 125,000 132,988 160,000 169,000 140,500 TOTAL DISBURSEMENTS 581,651 588,805 565,890 582,492 604,649 570,366 5. AIS Prevention & Management Programs EQUIPMENT REPLACEMENT FUND 1. Purchase of New Mechanical Harvester 17 Lake Minnetonka Conservation District (LMCD) Draft 2016 LMCD Budget Appendix A Use from Administration Reserve A $17,500 reserve fund transfer has been budgeted for 2016. Further analysis of this reserve fund balance is detailed Fund (Footnote #1) on the last page of Appendix A. Other Public Agencies (Footnote #2) It is anticipated that: 1) the MN DNR will fund the LMCD with a grant of $30,000 for mechanical harvesting, 2) the MN DNR will fund the LMCD with a grant of $4,000 for watercraft inspections, and 3) the MCWD will fund the LMCD with a grant of $20,000 for watercraft inspections. Salaries (Footnote #3) Executive Director Administrative Technician (also serves as EWM Project Manager) Less 2 pay periods for EWM Project Manager Administrative Assistant/Code Enforcement Administrative Clerk (part-time) Seasonal Code Enforcement (part-time) 2016 estimated actual $81,210.59 (*) $58,240.00 (*) -$4,853.33 $50,668.80 (*) $17,833.92 $2,000.00 $205,099.98 (**) (*) Salaries will be grossed up to pay for long-term disability insurance for full-time LMCD employees (**) Salary adjustments & limited overtime (including F.I.C.A., medicare, & P.E.R.A.) are included in Contingency (line-item 10) F.I.C.A. & Medicare (Footnote #4) Total Salaries- including EWM Project Management (7.65%) Less 2 pay periods for EWM Project Manager $16,061.43 $371.28 $15,690.15 Employer Benefit Contributions (Footnote #5) P.E.R.A. (7.50%) NCPERS Life Insurance Medical & Dental Insurance Office Lease & Storage (Footnote #6) Professional Services (Footnote #7) Contracted Payroll & Taxes Contracted Bookkeeping Consulting $15,596.50 $576.00 $17,775.16 $33,947.66 Monthly Rate $1,458.32 $1,494.78 Months 9 3 $13,124.88 $4,484.34 $17,609.22 $2,000.00 $500.00 $2,500.00 Printing, Publications, & Advertising (Footnote #8) $12,000 has been budgeted for two LMCD Newsletters, the re-printing of the Summer and Winter Rules brochures, and other LMCD literature. Insurance, Bonds (Footnote #9) $7,250 has been budgeted with the League of Minnesota Cities for insurance for the LMCD. Media (Cable & Internet) (Footnote #10) $3,600 has been budgeted to contract with a producer and on-line viewing of LMCD Board Meetings. Computer Software & Hardware (Footnote #11) $2,000 has been budgeted for information technology, hardware, and software updates. Legal Services (Footnote #12) $32,000 has been budgeted for legal services, which will be partially off-set by charging expenses back to applicants. Prosecution Services (Footnote #13) $45,000 has been budgeted for prosecution services. These expenses will be offset by projected $55,000 of court fines. Equipment Replacement Fund (Footnote #14) $2,500 has been budgeted for replacement of depreciated EWM Harvesting Equipment. EWM Harvesting Program (Footnote #15) A 9-week mechanical harvesting program is planned from mid June through mid August to manage EWM on Lake Minnetonka. Harvesting priorities will be based on impediments to public navigation to the open water due to EWM growth (in particular matted areas). All areas that dictate the need for harvesting will be done at least once, with high growth areas being harvested twice (time permitting). Further details of the proposed project (including a more detailed budget) will be provided in the spring of 2016. Equipment Replacement Fund (Footnote #16) $15,000 has been budgeted for replacement of depreciated EWM Harvesting Equipment (in addition to Footnote #14). AIS Prevention & Management Programs (Footnote #17) $40,000 has been budgeted for unspecfified AIS management and prevention programs (most likely watercraft inspections). Similar to past years, the LMCD will seek partnerships for the implementation of these projects (in particular funding partners from the MN DNR and MCWD). RESERVE FUND ANALYSIS: 2015 12/31/14 Balance Reserve Fund Contribution Transfer from Reserve Fund Transfer to Equip. Repl. Fund Projected 12/31/15 Balance Administration $235,036 $0 ($13,157) $0 $221,879 Administration 2016 Projected 12/31/15 Balance Reserve Fund Contribution Transfer from Reserve Fund Transfer to Equip. Repl. Fund Projected 12/31/16 Balance Projected % of 2015 Annual Budget AIS Equipment Replacement Fund $109,339 $0 $0 ($35,000) $74,339 AIS $67,472 $0 $0 $35,000 $102,472 Equipment Replacement Fund $221,879 $0 ($17,500) ($2,500) $201,879 $74,339 $0 $0 ($15,000) $59,339 47.8% 47.5% $102,472 $0 $0 $17,500 $119,972 Lake Minnetonka Conservation District (LMCD) Salary and Hourly Rate Adjustments Survey (2010-2015) Public Agency Deephaven Excelsior Greenwood LMCD MCWD Minnetonka Minnetonka Beach Minnetrista Mound Orono Shorewood 2010 0% 2011 2% 2012 1% 0% 2% 1% 0% 2% 2% 2% 2014 2% 2% 2% Contracts with the City of Deephaven 1.5% 2% 2% 3% 5% 3% (met expectations) $.50 per hour for all employees ($1,040- full time) 2.5% (police) 1.5% COLA & 1% lump sum (non union) 2% budgeted each year from 2010-2013 for non-union employees. Funds were put in a pool & adjustments were based on performance & position in the market range for each employee. The average has been 1.5% the past couple of years (varies by position). 2% Tonka Bay Victoria 0.83% 1% 0% 3% 3% 3.75% (These numbers include COLA increases) 1% 1% 1% 1% 1% 2% 0% 1.5% 2% 3% 3% was the norm 2% 2% 2% 2% was typical (average was 2.18%) 2% on 4/1 (police) Non union (ranged from 1% to 4%) 2% COLA (non union) 2% COLA & 2% market adjustment (police) Woodland 2015 2.50% 2.50%- union employees (same anticipated for non-union) 2.50% 3% (met expectations) plus pay for performance (ranged from 1-3%) 1.83% 1.63% (1% annual increase & (non union employees) market analysis for each position) Public work employees not settled (city % could change) 3.50% 3.50% 1.81% 1.56% 1.46% 1.44% Increases in 2011 were split in January and July. This is the overall average (non-union). Every employee receives a 1% & based on a market analysis, some positions receive a market increase. 2% 2% 1% 1% (Plus 3.5% step increases to those eligible) 1% 0% 2% 1% 0% 1% 1% $.50 per hour $.50 per hour for all employees for all employees ($1,040- full time) ($1,040- full time) 1% 1% 1% 1% 2.0% (police) (July, 2012) 1.5% lump sum (non union) Spring Park Wayzata 2013 2% Contracts with the City of Deephaven ITEM 6B LAKE MINNETONKA CONSERVATION DISTRICT STATE OF MINNESOTA ORDINANCE NO. ________ AN ORDINANCE RELATING TO THE STORAGE OF GOVERNMENT WATERCRAFT ON LAKE MINNETONKA; AMENDING LMCD CODE, SECTION 2.02, SUBD. 6 THE BOARD OF DIRECTORS OF THE LAKE MINNETONKA CONSERVATION DISTRICT ORDAINS as follows: Section 1. LMCD Code Section 2.02, Subd. 6 is repealed and the following is substituted therefor: Subd. 6. Special Rule for Government Service Watercraft. Government Service Watercraft are not counted for density purposes at the Site at which they are stored; license fees for the Boat Storage Units at which they are stored are waived; and application fees for a dock plan amendment being made solely to accommodate such Boat Store Units are waived, provided: a) the Government Service Watercraft is stored at a designated Boat Storage Unit on a dock plan and within the Dock Use Area of the Site. Boat Storage Units for Government Service Watercraft may be approved by the Executive Director, and b) the Boat Storage Unit is provide by the owner as a public service for no compensation. For purposes of this Subdivision, a Government Service Watercraft is a watercraft that is owned and operated exclusively by a federal, state or local government unit or agency and used exclusively for law enforcement, firefighting, rescue, environmental studies or maintenance of the Lake or aids to navigation. Section 2. This ordinance shall become effective the day following its publication. 1 461760v1 LK110-4 Adopted by the Lake Minnetonka Conservation District Board of Directors this 10th day of June, 2015. Dan Baasen, Chair ATTEST: Gregg Thomas, Secretary Date of Publication: Effective Date: 2 461760v1 LK110-4
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