ORDER ESTABLISHING CROOKNECK LAKE
Based upon testimony received at a public hearing held at the Scandia Valley
Town Hall in Morrison County, Minnesota, on July 9, 2005, the comments of the
Minnesota Department of Natural Resources, the recommendations of staff, and upon all
files, records, and proceedings herein, the Morrison County Board of Commissioners
makes the following:
1. Morrison County recognizes that its lakes and rivers are important natural
resources. This has been demonstrated by its support of the Morrison County
Lake and River Alliance and its involvement the Central Minnesota Initiative
Foundation's Healthy Lakes and Rivers Program. These programs have
encouraged lake lot owners and lake associations to manage water quality and
exotic vegetation in the county lakes.
2. Curlyleafpondweed is a non-native form of vegetation that has invaded
Crookneck Lake. Because of its invasive nature, curlyleaf pondweed tends to
choke out native vegetation and some forms of aquatic life.
3. Curlyleaf pondweed impairs swimming, boating, fishing,jet-ski use and water
skiing in areas of dense vegetation.
4. Curly leaf pondweed reduces enjoyment of the lake and lowers property values for
all riparian (littoral) owners.
5. In January 2005, representatives of the Crookneck Lake Association asked the
County to establish a Lake Improvement District as a means of supporting work
the association has done to improve lake water quality.
6. To show support for a lake improvement district, a petition signed by more the
25% of the owners of property adjoining the lake was submitted to the county
asking that a lake district be established for Crookneck Lake.
7. On May 10, 2005, the Morrison County Board of Commissioners passed a
resolution giving notice of its intent to establish the Crookneck Lake
Improvement District and setting a public hearing to obtain input about the
8. Notice of the public hearing was sent to the Department ofNatural Resources, the
Pollution Control Agency, local units of government, and all riparian landowners.
Notice was published and posted as required by law.
9. The lake improvement district is necessary to preserve Crookneck Lake as a
viable natural resource in the county. Efforts made to date to control curlyleaf
pondweed have been unsuccessful and unfair because they have relied on
voluntary contributions of interested individuals.
10. The district will promote the public welfare by improving the quality of the lake.
11. Landowners will benefit from the district's aquatic plant management because
they will have the opportunity for greater use of the lake and increased property
12. The lake management program will be under the direction of the Minnesota
Department ofNatural Resources and will not cause or contribute to long-range
13. The Crookneck Lake Improvement District will include all riparian properties.
14. The primary program to be undertaken by the district will be long-term aquatic
15. The program will be financed by special assessments imposed on riparian
16. The Morrison County Water Planner will be the county official responsible for
supervising programs of the lake improvement district.
17. Delegation of the powers stated below to the district will assure that
representatives of the people most directly affected by the actions of the district
will determine its management.
18. The manner of voting outlined below provides a fair method of equalizing control
among interested individuals when there are multiple parcels owned by a single
person(s) and/or multiple owners of single parcels.
19. The directors listed below meet the requirements of Minnesota Statute 103B.55 l.
20. Because of the county's residual financial responsibility under Minnesota Rule
6115.0980, the district will be required to maintain insurance and follow standard
government accounting principles.
Wherefore, the Morrison County Board of Commissioners makes the following
1. The Crookneck Lake Improvement District is hereby established.
2. The District shall include all riparian (littoral) properties to Crookneck Lake.
3. The lake improvement district is authorized to undertake long-term aquatic plant
management as determined necessary and appropriate by its board of directors
and in cooperation with the Minnesota Department of Natural Resources.
4. Projects of the lake improvement district will be financed by special assessments
imposed on riparian (littoral) landowners.
5. The lake improvement district will be managed by a five (5) person board of
directors. Directors shall be property owners in the lake improvement district and
a majority of the directors shall be residents of the district. Except for the original
board appointees, directors shall serve two (2) year terms. The terms shall be
staggered. Property owners are those shown as owners on the records of the
Morrison County Auditor.
6. The following residents of the District shall serve as directors for one year
beginning upon adoption of this order and continuing until the 2006 Crookneck
Lake annual meeting: John Marsh , Robert Larson and Tina Snell. The following
property owners shall serve as directors for two years beginning upon adoption of
this order and continuing until the 2007 Crookneck Lake annual meeting: David
Gurney and John Parker.
7. Future directors shall be elected at the annual meeting to be held in July or August
of each year on a date set by the board of directors.
8. A director may be removed from office by a majority vote of the remaining board
members for failure to attend meetings or for conduct detrimental to the good of
the lake district.
9. A vacancy on the Board of Directors shall be filled by election at the next annual
10. Individuals whose names appear as owners on the records of the Morrison County
Auditor are eligible to cast votes for board members and on other lake
improvement district matters; however, no property shall have more than one
vote. A " property" is defined as a parcel or parcels held in separate and distinct
ownership, regardless of the number of lots or parcels owned, the acreage, or the
number of owners.
11. Voting for directors will be by secret ballot. Ballots shall be mailed to each
property owner within the district at least three (3) weeks prior to the annual
meeting. Ballots may be sent or delivered to the clerk of the board prior to or on
the date of the annual meeting.
12. Directors may receive compensation for their services as determined by the
property owners at the annual meeting and may be reimbursed for actual expenses
necessarily incurred in the performance of their duties in the manner provided for
13. The following powers are hereby delegated to the Crookneck Lake Improvement
a. to undertake research to determine the condition and development of
Crookneck Lake and the water entering it and to transmit the results of the
studies to the pollution control agency and other interested authorities;
b. to conduct a program of water improvement and conservation, limited to
aquatic nuisance control as allowed by the Minnesota Department of
c. to make cooperative agreements with the United States or state
government or other counties or cities to effectuate authorized water and
related land resource programs; ·
d. to take actions necessary for the administration of the lake improvement
e. to levy special assessments to finance implementation of the powers
identified in this order pursuant to Minnesota Statutes 103B.555, subd. 4.
14. The Crookneck Lake Improvement District shall maintain general liability
insurance in the amount of tort limits established by Minnesota Statute 466 and
shall name Morrison County as an additional insured on such insurance policy. A
copy of the insurance policy shall be filed annually with the Morrison County
15. The Crookneck Lake Improvement District shall submit its annual work plan for
county review and approval by March each year.
16. The Crookneck Lake Improvement District shall use the latest accounting
techniques, in compliance with Generally Accepted Accowiting Principles
(GAAP) and those of the Government Accounting Standards Board (GASB).
17. The Crookneck Lake Improvement District shall appear before the County Board
in August of each year to present the budget for the following year. At least two
weeks prior to the appearance, they shall submit an annual audited :financial
statement regarding the activity of the lake improvement district from the
previous calendar year.
18. The Crookneck Lake Improvement District shall, within four months after its
annual meeting, file an annual report with the Morrison County Board of
Commissioners, the Minnesota Department of Natural Resources, and the
Minnesota Pollution Control Agency.
19. The Crookneck Lake Improvement District shall operate in accordance with
Minnesota Statutes 103B.501 to 103B.581 and Minnesota Rules 6115.0900 to
6115.0980 and within the limitations of this order.
20. This order will become effective 30 days after its publication in the Morrison
Dated this 26 day of July, 2005