04-088
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CITY OF SHOREWOOD
RESOLUTION NO. 04 __ 088
A RESOLUTION RELATING TO THE JURISDICTION
OF THE LAKE MINNETONKA CONSERVATION DISTRICT
AND MINNESOTA LAWS 2004, CHAPTER 255, SECTION 243,
REGARDING TO SIX MILE CREEK
WHEREAS, the Lake Minnetonka Conservation District (LMCD) is a special purpose
political subdivision of the State, created pursuant to Laws 1967, Chapter 907, and Laws 1969,
Chapter 272, later codified as Minnesota Statutes, Sections 103B.601 through 103B.645; and
WHEREAS, Minnesota Statutes, grant the LMCD the powers to undertake research to
determine the condition and development of Lake Minnetonka ("the Lake"), to develop a
comprehensive program to eliminate pollution, to regulate the types of boats permitted to use the
Lake and the use of various parts of the Lake, and to regulate the construction and maintenance of
docks on the Lake; and
WHEREAS, throughout its existence the LMCD has developed a comprehensive regulatory
program governing the use and development of the Lake to protect and preserve the Lake as a vital
environmental and recreational resource of the State; and
WHEREAS, in 2002, the LMCD began a detailed review of the effect of the present and
future use and development of Six Mile Creek, Painters Creek, and Long Lake Creek; and
WHEREAS, this review was a well publicized, open, public legislative process; and
WHEREAS, after careful consideration of evidence and testimony, and of the conflicting or
differing interests of the Lake's ecology and wildlife, riparian landowners, developers, and
recreational users of the Lake, the LMCD adopted its Ordinance No. 178 in 2002; and
WHEREAS, the Minnesota Legislature adopted Laws of Minnesota 2004, Chapter 255,
Section 43, which removed Six Mile Creek from the jurisdiction of the LMCD; and
WHEREAS, this law was passed by the Legislature without consultation with the cities
around the Lake, the LMCD, and the Minnehaha Creek Watershed District, among others, and was
passed without public hearings; and
WHEREAS, the LMCD is a competent and appropriate local agency which can devote the
necessary time to the unique issues presented by Lake Minnetonka, afford appropriate protection to
the environment and the public health, safety and welfare, adopt and enforce regulations on a uniform
Lake-wide basis, and mediate the conflicting interests of the many stakeholders in Lake Minnetonka;
and
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WHEREAS, the legislation cited above deprives certain areas of the Lake of the benefits
and protection of the LMCD and its regulation of development and use ofthe Lake;
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Shorewood
that:
1) The Council believes that the process followed in the public consideration of Laws of
Minnesota 2004, Chapter 255, Section 43, was not appropriate, as it did not afford full
participation by key stakeholders, including the LMCD and the 14 member cities
within it.
2) The Council believes that such legislation undermines the authority of the LMCD, and
will encourage others to find ways to side-step well-established processes and
procedures regarding its regulation of the Lake.
3) The Council urges the Legislature to reconsider its action to adopt the legislation cited
above.
4)
The Council urges the LMCD Board of Directors to take appropriate measures so that
four properties along Six Mile Creek can have restored their historic use of access to
Lake Minnetonka which was removed in LMCD Ordinance No. 178.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 27TH
day of September, 2004.
Woody Love, Mayor
ATTEST: