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<br />Case # S.O;;L, <br /> <br />CONSIDER RESOLUTION REQUESTING ASSISTANCE FROM THE LEAGUE OF <br />MINNESOTA CITIES ON THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES <br />STATEWIDE SHORELAND RULES UPDATE PROCESS <br />By: Tim Gladhill Associate Planner <br /> <br />Background: <br /> <br />In 2007, the Minnesota Legislature directed the Minnesota Department of Natural Resources (DNR) to <br />commence rulemaking to update the statewide shore land regulations, which impact various lakes, ponds, <br />streams, and rivers within the City. <br /> <br />Findings: <br /> <br />Throughout the shore land rules update process, concern has been raised as to the impact of local decision <br />making power afforded to cities under M.S. 462.357. The question has been raised as to whether the <br />implementation of certain rules is in conflict with the power afforded by Minnesota Statute for cities to <br />implement zoning regulations. The proposed rules also consider merger with statewide Wild and Scenic <br />River regulations. <br /> <br />City Staff has not had the opportunity to review in full detail the impact of the proposed rules. There is <br />confusion as to which draft is the most recent draft. Before Staff can fully review and recommend a <br />response to the proposed rules, Staff believes clarification needs to be provided as to the content of the <br />final draft. Staff would recommend limiting action of this resolution to seeking assistance from the <br />League as to whether the rulemaking process is in conflict with the City's right to zone and plan future <br />land use under M.S. 462.357. The City of Anoka has passed a similar resolution. City Staff has <br />formatted the proposed resolution in an attempt to mirror Council's goals, strategies, and implemented <br />policies. <br /> <br />Funding Source: <br /> <br />Drafting of the proposed ordinance is being handled as regular staff duties. <br /> <br />Council Action: <br /> <br />Motion to approve/deny the proposed resolution requesting assistance from the League of Minnesota <br />Cities on the DNR statewide shore land rules update process. <br /> <br /> <br />J::-6.L -Q <br /> <br />Reviewed by: <br /> <br />City Administrator <br />Planning Manager <br /> <br />CC: 06/10/2010 <br /> <br />Attachments: <br /> <br />a) Impacted shoreland areas <br />b) Impacted Wild and Scenic Areas <br />c) Proposed Resolution <br />