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City Council meeting of January 14,2 005 <br />Page 3 <br />Alternatives 1 or 2, he will recommend to the City to appeal the RCWD decision. Manager Haake <br />asked that Brad Moore, Assistant Director of the DNR speak at this time. <br />MNDNR VOLUNTARY ACQUISITION PROGRAM <br />Brad Moore, Assistant Commissioner of the DNR, explained that making land acquisitions or <br />easements from willing sellers around Rice Lake is a priority. That the DNR has removed cattails <br />from the channel as noted in the Blue Ribbon Task Force report. He believed that the District is <br />moving in the right direction and hopes that the work will continue. Mayor Miron explained that he <br />supports the water quality initiative of the District downstream of Hwy 61 and questioned if LCMR <br />funds could be used under the maintenance scenario. Travis Germundson, from the DNR, replied <br />that they have seen and discussed with the District Option 4 for minor maintenance and a water <br />quality rehabilitation plan downstream from Highway 61 and that DNR could not answer whether or <br />not LCMR would accept certain expenditures. Mr. Moore replied that he would volunteer to sit <br />down with the City, LCMR and RCWD to discuss the LCMR grant project. RCWD Administrator <br />Hobbs replied that he has already sent a revised work plan to LCMR to include work downstream of <br />Highway 61 under the maintenance scenario and LCMR has agreed to the change. Mayor Miron <br />encouraged DNR to contact landowners around Rice Lake regarding land acquisitions and <br />easements. Mr. Moore replied that they would keep the City and District informed during this <br />process. Mr. Moore thanked the council and board. <br />President Cardinal recessed the meeting for 5 minutes. <br />REVIEW AND ADOPT PROPOSED RESOLUTION <br />Motion by Manager Haake, seconded by Manager Karth to accept resolution 05-01 as written. <br />City Attorney Dave Snyder stated that if the resolution is adopted he will recommend to the City to <br />commence litigation immediately. He would like the Board to focus on the City's two alternatives <br />as presented. Manager Haake commented that she didn't feel comfortable with the 3 -year language <br />in Alternative 2. Manager Aiken asked District Counsel Smith to clarify Alternative 2. District <br />Counsel Smith replied that the District would need the City's cooperation if the District installs <br />culverts under 170th Street, 165th Street, and 157th Street. The language under Alternative 2 to <br />have the District petition itself in 3 years, if necessary, but such action can't make a future Board <br />agree. Mayor Miron asked the Board to defeat the motion and work with the City on the two <br />alternatives. President Cardinal commented that litigation is not a good option. Manager Haake <br />asked for a friendly amendment to the resolution on page 2, under "Therefore Be It Resolved", item <br />2. should read, "2. That the District commits its good offices to working with Hugo and the MnDNR <br />to reduce future uncertainty and establish the terms of ongoing JD 2 maintenance, and also to seek <br />an MnDNR determination as to its intentions regarding the management of Rice Lake and possible <br />compensation acquisition by fee title or easements to areas riparian landowners; and" Manager Karth <br />accepted the amendment. <br />Motion carried 3-2, Managers Leroux and Cardinal opposed. <br />Manager Leroux stated that he is opposed to the resolution and he would like to move forward with <br />the City to avoid litigation. Mayor Miron asked the Board to focus on of the 2 alternatives. Mayor <br />