Minutes - Council - 04/21/2009 - Special

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COUNCIL BUSINESS Case #1: Consider Adoption of Resolution Opposing HF 1973 City Administrator Ulrich explained the italics portion of the resolution is a result of the meeting the previous evening with the City of Anoka suggesting some additional language that would make it more clear as to why cities might be opposed to this type of statute. He also discussed getting word that Legislation was amended to address properties south of the dam and not properties north of the dam, regardless of that, it is probably still advisable the Council weigh in, in terms of how this bill might impact the local authority along the river. The concern coming out of Anoka was the cities of power are being usurped by the rule-making authority of the Minnesota Department of Natural Resources, which the statute does give that authority to. The City does have local ordinances in place that do address that so Tim Gladhill, Associate Planner is present to answer questions as to how the City currently zones and regulates along the Mississippi River. Councilmember Dehen expressed his concern as to how can the Council weigh in on this without the proponents or opponents present to tell them what the advantages or disadvantages are and feels he does not have enough information at this point to vote on this. Mayor Ramsey summarized what he got out of the City of Anoka meeting the night before was this is giving the DNR the authority to make rules along the river. Councilmember McGlone has concern with the State being a regulatory authority on anything and felt it is not such a good idea - speaking from his experiences. Councilmember Look said his concern is when we have this sort of Legislation proposed by groups such as Friends of the Mississippi it becomes the issue of who has more property rights, the property owner or the passerby in the canoe. He expressed property rights is a very important issue here and he feels this is a violation of property rights, with no compensation for it and furthermore it has limited proof in his mind that its actually for the purpose of what they are saying it is for. With that standpoint, he opposes this legislation. Councilmember Wise wanted to make a point that if the City itself tried to put a landing on the river that this would be just one more hoop to jump through. Mayor Ramsey doesn't agree with the State Legislature giving the DNR the authority to regulate millions and millions of dollars worth of property, Councilmember Dehen again expressed his concern of not having anyone present to represent as a proponent and would like to hear that side, which he thinks could be a balancing act and there could be some very good things to this. Councilmember Jeffrey asked if any of the other Councilmembers have talked to any of the authors of this bill to find out what is really behind this. Special City Council Meeting /April21, 2009 Page 2 of 4