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4.3. SR 10-28-1996ITEM 4.3. City of MEMORANDUM 'ver TO: FROM: DATE: MAYOR AND CITY COUNCIL STEPHEN ROHLF, BUILDING AND ZONING ADMINISTRATOR ~ OCTOBER 28, 1996 SUBJECT: WILD AND SCENIC RIVER ORDINANCE AMENDMENT It has been reported that the Council is concerned whether or not staff is properly representing their views regarding the "Wild and Scenic River Ordinance" as drafted by the DNR. Staff apologizes that the issues with the DNR's draft ordinance were not made sufficiently clear. In the packet for their August 19th meeting, the Council was provided a city staff revised ordinance that the Planning Commission has recommended approval of. The revisions proposed by staff were made to make this ordinance consistent with the City's Comprehensive Plan as adopted by the Council. Prior to the Council's August 19th meeting staff received comment back from the DNR rejecting the proposed changes. Staff requested the Council table the issue until the conflicts between the City's plan and the DNR's ordinance could be resolved. The map attached outlines the areas of the City where the DNR's ordinance and the City's Comprehensive plan are in conflict. Elk River's Historic Downtown was just used as an example. According to the DNR's ordinance there are other commercial areas in the City that could no longer be developed as commercial and existing businesses could not be upgraded or rebuilt if destroyed. Further, the DNR's ordinance would dictate that certain residential areas could be urbanized, but the lots would have to be 2 acres in size. An assessment for a 2 acre city sewered and watered lot can not be justified. Some land would probably have to be refunded assessments already paid and the City would have to rethink plans to extend city services to certain areas. Staff has met with DNR Area Hydrologist Dan Lais regarding this matter. He appearantly understands the City's concerns and is setting up a meeting between the City and the powers to be in the DNR to discuss the issues. Staff is suggesting the City representatives at this meeting are the Mayor, City Planner and the Building and Zoning Administrator. s:\b&z\stever\wldsceo.doc 13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425 Please review the attached map. Staff will be at Monday night's meeting to discuss this issue to make sure we represent the Council's desires to the DNR.