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HomeMy WebLinkAbout2010-03-17 PACKET 04.K.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA MEETING ITEM # DATE 3/17/10 PREPARED BY Community Development Howard Blin ORIGINATING DEPARTMENT STAFF AUTHOR COUNCIL ACTION REQUEST Consider authorizing the City Administrator to send a comment letter to the Minnesota DNR regarding the rulemaking process for the Mississippi River Critical Area. STAFF RECOMMENDATION Authorize the City Administrator to send the comment letter. ADVISORY COMMISSION ACTION DATE REVIEWED APPROVED DENIED ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ PLANNING ❑ PUBLIC SAFETY ❑ PUBLIC WORKS ❑ PARKS AND RECREATION ❑ HUMAN SERVICES /RIGHTS ❑ ECONOMIC DEV. AUTHORITY SUPPORTING DOCUMENTS ® MEMO /LETTER: Memo from John M. Burbank dated 3/10/10 ❑ RESOLUTION: ❑ ORDINANCE: ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: ® OTHER: 1) Request for Comments: Possible Rules Governing the Mississippi River Corridor Critical Area 2) Comment Letter ADMINISTRATORS COMMENTS t a C4ityd4inistrator Date COUNCIL ACTION TAKEN: ® APPROVED ❑ DENIED ❑ OTHER CITY OF COTTAGE GROVE MINNESOTA TO: Mayor and Members of the City Council Ryan Schroeder, City Administrator FROM: John M. Burbank, Senior Planner DATE: March 10, 2010 RE: Critical Area Rulemaking Comments Introduction The 2009 Minnesota Legislature passed a bill directing the Department of Natural Resources (DNR) to write new rules for the Mississippi River Critical Area Corridor (Critical Area). The DNR published a request for comments prior to beginning the amendment process. The publi- cation is attached. In response, the attached draft comment letter is being presented to the Council for review and approval. �M The Critical Area was created by the Mississippi River Critical Areas Act of 1973 by the state as a regulatory overlay area along Mississippi River and adjacent shores of the within the Twin Cities. Local governments were required to adopt zoning ordinances and zoning maps con- sistent with the state requirements. In 1976, four land use districts along the corridor were established. Each district had its own set of guidelines consistent with natural characteristics and existing development. State Executive Order 79 -19 details the rules and guidelines that communities must incorporate in their Critical Area plans. Cottage Grove adopted the Critical Area ordinance and zoning map amendment in 1982. The intent of the Critical Area was to: ® Protect and preserve a unique and valuable state and regional resource for the benefit of the health, safety and welfare of the citizens for the state, region, and nation; VCtGII JVU14C IV('J.I�VV Honorable Mayor, City Council, and Ryan Schroeder Comprehensive Plan Revisions March 12, 2010 Page 2 of 2 Prevent and mitigate irreversible damage to this resource; preserving and enhancing its natural, aesthetic, cultural, and historical value for public use; Protect and preserve the river as an essential element in the national, state and regional transportation, sewer and water and recreational systems; and Protect and preserve the biological and ecological functions of the corridor. The City has been appointed as a member of the Geographic Work Group for the project. You will be provided with updates of the process. • .. • Authorize the City Administrator to send the attached comment letter. City of Cotta Grove Minnesota 7516 80th Street South / Cottage Grove, Minnesota 55016 -3195 www. cottage -g rove. org March 18, 2010 Mr. Jeffery Berg Minnesota Department of Natural Resources 500 Lafayette Road St. Paul, MN 55155 -4032 Dear Mr. Berg: 651- 458 -2800 Fax 651 - 458 -2897 TDD 651- 458 -2880 The City of Cottage Grove applauds the efforts of the Minnesota Legislature to make changes to the Minnesota Rules Chapter 6120 and 4410 relating to the Mississippi River Corridor Critical Area (MRCCA). The ability to review the regulations and affected lands within this district were long overdue. The City of Cottage Grove intends on being an active participant in the forthcoming rulemaking modification process. Senior Planner John M. Burbank will be the City's point of contact during this process. The identified points of focus for the City will be: 1. Recognizing the Corridor as a multi - purpose resource. 2. Maintaining local control over land use decisions. 3. Protecting individual property rights within the corridor. 4. Establishing additional land use districts within the corridor in Cottage Grove, including commercial, industrial, and urban density residential. 5. Establishing a tiered approach to regulation in the corridor relating to proximity to the river. 6. Simplification of the bluff line determination. 7. Creating buffering and sightline criteria that are realistic and easy to explain, monitor, and regulate. 8. The elimination of regulation redundancy by recognizing the current grading and erosion control measures and protections that are in place in communities in the corridor. During the rulemaking process, the City of Cottage Grove has the ability to host any meetings that may be necessary or of relevance to the City and its neighboring communities. Please keep up updated and informed during the process. Sincerely, Ryan Schroeder City Administrator EQUAL OPPORTUNITY EMPLOYER Minnesota Department of Natural Resources Division of Waters REQUEST FOR COMMENTS Possible Rules Governing the Mississippi River Corridor Critical Area, Minnesota Rules, Chapter 6120 and Chapter 4410. Subject of Rules. The Minnesota Department of Natural Resources requests comments on possible rules governing the Mississippi River Corridor Critical Area ( MRCCA). The Department is considering rules that will establish districts within the MRCCA and establish minimum guidelines and minimum standards for development within the districts. The rulemaking will primarily develop new language in Chapter 6120, but also may modify existing language in Chapter 4410 (parts 4410.8100 to 4410.9100) if determined necessary to facilitate administration. The rules will provide for management of the MRCCA as a multi - purpose resource in a way that: conserves scenic, environmental recreational, mineral, economic, cultural, and historic resources and functions; maintains the river channel for transportation including barging and fleeting areas; provides for continuation and development of a variety of urban uses, including industrial, commercial and residential; uses the river for water supply and receiving water for properly treated sewage, stormwater, and industrial waste effluents, and protects biological and ecological functions of the corridor. Rulemaking will determine the appropriate number and constitution of districts; in establishing districts, the Department will consider existing plans and policies, existing ordinances and conditions, identified resources and features, and a number of additional factors identified in the law authorizing the rulemaking. The proposed rules will establish minimum guidelines and standards for development in the districts; and will clarify the intent of each district. The guidelines and standards will address a number of key resources and features specified in the authorizing statute: floodplains; wetlands; gorges; areas of confluence with key tributaries; natural drainage routes; shorelines and riverbanks; bluffs; steep slopes and very steep slopes; unstable soils and bedrock; significant existing vegetative stands, tree canopies, and native plant communities; scenic views and vistas; publicly owned parks, trails, and open spaces; cultural and historic sites and structures, and water quality. The Department may provide exceptions for a number of developments, including but not limited to infrastructure, hydropower, and water access. The rulemaking may address additional items related to the overall authorized scope if the need is identified during rule development. At the outset of rulemaking, the Department is directed to develop a preliminary map of bluffs and blufflines based on guidelines in the authorizing statute. Following the rulemaking, the Department will prepare a final map of bluff- related features as listed in statute and defined in rule. Persons Affected. The rules would likely affect the following persons and organizations within the MRCCA: most property owners, institutions, developers, and businesses; recreational facility users; water - oriented businesses, facilities, and navigation interests on the Mississippi River; utility providers; all local governmental units (cities, towns, and counties); state and regional agencies and institutions with facilities or property interests (such as the Metropolitan Council, Department of Natural Resources, Department of Transportation, Metropolitan Airports Commission, University of Minnesota, Saint Paul Port Authority, Minnesota Historical Society, and federal agencies such as the National Park Service, and U.S. Army Corps of Engineers. Statutory Authority. Minnesota Statutes, section 116G.15 (2009), and Laws 2009, Chapter 172, Article 2, Section 5(e), require the Department to adopt rules for administration of the Mississippi River Corridor Critical Area. The Department must commence rulemaking by January 15, 2010. Public Comment. Interested persons or groups may submit comments or information on these possible rules in writing until 4:30 p.m. on March 22, 2010. In addition to the 90 -day public comment period announced in this notice, the Department plans to appoint one or more advisory committees to comment on the possible rules during rule development. The Department anticipates advisory committee(s) would meet 2 -4 times over a 9 -month period from March to December 2010. Advisory committee(s) will be selected from persons and parties known to the Department as potentially affected by or interested in the rulemaking, persons recommended by local governmental units, and persons who request to participate by contacting the agency contact person listed below. The Department will select advisory committee members to balance a variety of interests, viewpoints, and geographic perspectives. Rules Drafts. The Department has not yet prepared a draft of the possible rules. When available, preliminary rule drafts and other information regarding the rulemaking will be available on the Division of Waters website httn: /hnndnr.gov /waters or can be obtained by contacting the agency contact person provided below. Agency Contact Person. Written comments, questions, requests to receive a draft of the rules when it has been prepared, requests for more information on these possible rules, and requests to participate on a possible rulemaking advisory committee(s) should be directed to: Jeffrey Berg at Minnesota Department of Natural Resources, 500 Lafayette Road, St. Paul, MN 55155 -4032, 651- 259 -5729 (phone), 651- 296 -0445 (facsimile), and MRCCArulemaking gdnr.state.mn.us TTY users may call the Department at 651- 296 -5484, or toll -free at 1- 800 -657 -3929. Alternative Format. Upon request, this Request for Comments can be made available in an alternative format, such as large print, Braille, or cassette tape. To make such a request, please contact the agency contact person at the address or telephone number listed above. NOTE: Comments received in response to this notice will not necessarily be included in the formal rulemaking record submitted to the administrative law judge if and when a proceeding to adopt rules is started. The agency is required to submit to the judge only those written comments received in response to the rules after they are proposed. If you submit comments during the development of the rules and you want to ensure that the Administrative Law Judge reviews the comments, you should resubmit the comments after the rules are formally proposed. November 30, 2009 /s/ Mark Holsten, Commissioner Department of Natural Resources j In this issue: Input Received From LGUs Work Groups Formed & First Meeting Announced Comment Period Ends March 22, 2010 Issue 2 DNR staff has concluded meetings with each Local Government Unit (LGU) in the Mississippi River Corridor Critical Area (MRCCA) responsible for implementing a MRCCA plan and ordinance. In January and February, the DNR met with 28 LGUs at 23 meetings, beginning in the most downstream portion of the MRCCA and working its way upstream. 'Working upstream' became a metaphor for the effort it will take to develop comprehensive rules that capture the diverse issues identified by the LGUs. The series of meetings began on January 8th with Dakota County and its two townships within the MRCCA. Seventy -two miles and 23 meetings later, the series concluded in Champlin on February 25` The meetings took on an informal 'work session' feel, where LGU representatives - including staff, consultants, and elected officials, were met by DNR MRCCA project staff and area hydrologists, and the National Park Service staff. LGU representatives were helpful in their dialogue and their hospitality by arranging local venues and attendees for the meetings. Thank you, communities, for your time and attention! The meetings were mutually beneficial and productive. LGUs learned about MRCCA rulemaking, and more importantly the DNR was given valuable insight and data from local administrators. The DNR learned how the existing rules have and have not worked from the local perspective, received feedback on preliminary bluff maps, and heard LGU's ideas for new districts and standards. Evidence of the complexity of this rulemaking is found in the wide variety of feedback from LGUs, which spanned from, "Everything is working well, so don't change a thing" to, "Nothing works well, and everything needs to be changed ". Whatever the challenges, constructive suggestions were a common outcome of every meeting. A Sampling of Common Messages Heard • Districts: Many LGUS agreed that current districts are dated and /or non - descriptive, and that: • Districts should be aligned along natural and /or cultural features, with more protective standards closer to the river and bluffs, and more ftexible standards further away. • Districts should not regulate land use, but refer to the underlying zoning in each community. • Standards: Recommendations varied widely for specific standards such as: setbacks, heights, bluffs, vegetation management, visual /scenic values, and water quality. Common feedback included: • Develop performance -based standards to protect key features and resources. • Provide flexibility to accommodate unique situations, features, and governance in each LGU. • Make accommodations for existing and planned conditions, including existing central business districts/ gateways, established neighborhoods, and future park /trait development. • Administration: Most LGUs would like to see clear authority and procedures provided in the rules. MRCCA Rulemaking Project - March 2010 Newsletter Input Received From LGUs Meetings with Local Government Units Complete Questions Revealed The conversation often included questions It comments regarding proposed standards such as: • What wilt be the definition of a bluff, what is the appropriate setback, and what bluff face and bluff top restrictions are desirable? • What height limits will be proposed? Would variable limits by district be appropriate? • Should the rules address scenic quality and by what means (i.e., setbacks, height, vegetation requirements, architectural standards, etc.)? • Should the rules include specific water quality standards? • What density or land use pattern (e.g. open space development) standards will be proposed? • Wilt the DNR provide funding and /or a model ordinance to reduce implementation costs? These questions wilt inform the new rules and will be discussed at work group meetings. Work Groups Formed and First Meeting Announced Invitations for work group membership were mailed out on Feb. 26, and member confirmations were requested by March 5. In each of the four geographic areas, we received more applications than work group size allowed. The project's goal is to establish work groups with a balanced representation of a variety of interests and viewpoints. To this end, each work group includes representation from environmental/ recreation interests, development /realty /commercial interests, local government, and citizens/ residents. The initial meeting will be held on Wednesday, March 31, from 1 - 4 P.M. at the Neighborhood House at Wellstone Center in St. Paul and includes all work groups. Information on upcoming rutemaking and the roles ft responsibilities of the work groups will be presented. The four work groups will then meet individually for introductions, and to begin discussion on issues ft opportunities in their respective areas. The next work group meetings will be in early summer at a location within each of the four geographic areas. Draft districts will be presented and discussed at these meetings. Comment Period ends March 22, 2010 The comment period for the Request for Comments on MRCCA Rulemaking ends March 22, 2010. White the rules are not yet drafted, interested parties may provide comments on: • topics for the rulemaking, • factors the DNR should consider, or • any other recommendations regarding the rulemaking. While the DNR will consider all comments received during this period, commenters should be aware that the comments received wilt not be part of the formal rulemaking record. For those who want to provide "on the record" comments on the proposed rule, there wit[ be a formal comment period after the proposed rule is developed and a Notice of Intent to Adopt is published in the State Register. Interested parties should sign up for the listsery on the project webpage to receive notification from the DNR when this occurs. Additional Information More information can be found at the project web site: http• / /www d n r. state mn us /waters /watermgmt section/ critical area /rulemaking. him[ Questions? Contact: MRCCArutemakinQCdnr . state.mn.us or call 651-259-5729/5727 MRCCA Rulemaking Project - Morch 2010 Newsletter