Minutes - Council - 02/08/2022 - Laserfiche WebLink

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Motion carried. 7.05: Adopt Ordinance #22-07 Amending City Code Chapter 30, Section 3 Exempting the Mississippi River Corridor Critical Area (MRCCA) Overlay District from Height Restrictions to Ground Cover Vegetation Deputy City Administrator/ Community Dev. Director Hagen stated this ordinance is being brought forward due to the MN Department of Natural Resources requiring local government units to remove restrictions that restrict the height of vegetation ground cover in designated areas in the MRCCA. He stated this case was last presented to the Council on January 11, 2022. No additional feedback has been given since that time. Councilmember Riley asked if the DNR is requiring this to be done and asked if they can't do it or if they need the City to act. Deputy City Administrator/ Community Dev. Director Hagen replied that this recognizes the requirements within the City's local ordinances so if there is a complaint there is an ordinance that will show that it is allowed. Motion by Councilmember Musgrove, seconded by Councilmember Woestehoff, to waive the charter requirements to read the ordinance aloud and adopt Ordinance 422-07 Amending the City Code Chapter 30, Section 3 exempting the Mississippi River Corridor Critical Area (MRCCA) overlay district from height restrictions to ground cover vegetation. Further discussion: Councilmember Musgrove asked what are the benefits of allowing residents in these areas to grow more and how that can benefit the river area. Deputy City Administrator/ Community Dev. Director Hagen replied that the City may choose wetland set-backs or bluffs which may help to protect against erosion and prevent people from maintaining their property right up to the water's edge. It will reduce fertilizer impact and things of that nature that would be allowed to flow into public waterways and having that buffer and native vegetation helps to prevent pollutants. Councilmember Musgrove asked if there were any residents in this corridor that have reached out to City Staff regarding the length of grass. Deputy City Administrator/Community Dev. Director Hagen replied he wasn't aware of any specific cases. He stated that at the last meeting Staff was directed to send out information with the provisions so residents may utilize it. Councilmember Musgrove commented that she serves on the Lower Rum River Watershed Management Organization and they talk often about erosion along the Rum River and in downtown Anoka a huge project was done behind their city park because several factors, including erosion and grass clippings, effected the growth along the bank area,which was very costly. She stated that allowing longer grass in some areas would help mitigate some of it. She wasn't sure why the Met Council didn't issue it themselves. City Attorney Knaak responded that what the Met Council and DNR prefer to do is to create model ordinances at municipalities and have the ordinances enforced because they don't have the enforcement mechanism available to them for violations of an ordinance that a city would. City Attorney Knaak advised that is a reason why requests like this come before the City that are along a State resource. City Council/February 8, 2022 Page 10 of 23