09-27-2004 Council Packet - Laserfiche WebLink

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r STATE OF MINNESOTA COUNTY OF________ CITY OF___________ RESOLUTION NO. A RESOLUTION RELATING TO THE JURISDICTION OF THE UKE MINNETONKA CONSERVATION DISTRICT AND SUPPORTING THE REPEAL OF LAWS 2004. CHAPTER 255, SECTION 43 WHEREAS, Lake Minnetonka Conservation District (“LMCD* or “the District") 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. Sectiotis 103B.601 through 103B.645; and WHEREAS. Minnesota Statutes. Sections 103B.641 and 103B.611 grant to 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, over the last thirty-seven years 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 that took nearly two years; and WHEREAS, the LMCD solicited and carefully considered evidence and testimony from cities around the Lake, the Minnehaha Creek Watershed District, the Department of Natural Resources, the Lake Minnetonka Association, the Halsteds Bay Preservation Group, Three Rivers Park District, water quality experts and concerned citizens and landowners, many of whom were represented by legal counsel; and WHEREAS, after consideration 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 Ordinance No. 178 on June 26,2002; and WHEREAS. Ordinance No. 178 prohibits the use of gas motors on certain parts of Six Mile Creek, Painters Creek and Long Lake Creek, thereby limiting the use of those areas to canoes, kayaks and similar craft and boats using electric motors; and WHEREAS. Ordinance No. 178 represents a compromise that preserves these sensitive wetland areas for the quiet enjoyment of boaters, protects wildlife, and substantially reduces the increased Dow of nutrients into the Lake caused by gas motors sirring bottom sediment into the water column moving into the CLL-25IOIJvl LKI10-4 1 i