Minutes - Council Work Session - 04/04/2006

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Associate Planner Giesler distributed and presented a chart showing a comparison of current and proposed Mississippi River regulations. She stated she has been in contact with Tom Hovey of the DNR who indicated it is a good idea to require a PUD. The DNR is also open to doing a combination of public and private space. She noted that with the bluff setback, the DNR prefers 40 feet from the bluff instead of the current 35-foot setback. Community Development Director Trudgeon stated the Comprehensive Plan approved in 200 I indicates that the community will voluntarily become a Tier II community along the Critical River. There were meetings and focus groups and it was a strong feeling to ramp up regulations along the Mississippi River. This plan is compliant with the Comprehensive Plan. He stated that this was a lengthy process seven to eight years ago and to make a change now may require the involvement of constituency that was involved previously. Councilmember Cook asked about the 50% open space requirement. Associate Planner Giesler explained that the Code says it has to be 50% permanent open space and it does not matter whether it is public or private. It needs to be dedicated to the City and have an easement. Councilmember Strommen noted it usually is one easement that covers the entire area and commonly held by the homeowners association. Mayor Gamec stated that ifhe had a home on the River he cannot see having people walking through the back yard. Councilmember Cook pointed out that the open space does not have to be directly on the River. Councilmember Strommen noted that some of the open space may be needed for storm water purposes and even if not located by the River, it still has value. Mayor Gamec asked if it is good for the area. Community Development Director Trudgeon stated it depends on what you think the value is of aesthetics and viewsheds along the River. Mayor Gamec commented on an open area that is becoming a maintenance issue for the City and stated it may be a matter of how the open space is set up. Councilmember Pearson asked for the developer to comment on how this regulation would impact his property. Community Development Director Trudgeon stated staff would like to talk about the general ordinance and there will be public hearings to receive specific property comments. Associate Planner Geisler stated she has a letter with those comments that she can provide to the Council. City Council Work Session / April 4, 2006 Page 12 of 19