Res 1993 - 46 Commenting on the Mississippi National River & Recreation Area Draft Comprehensive Managememt Plan & Environmental Impact StatementCITY OF D�TD9T�i �EIGHTS
DAKOTI�# CO�Xe �aNNESOTA
1tES9�lII'�IOI�T �TAe 93- 46
A RESOLIITION COD�NTING ON � D�ISSISSIPgI NATIONAI�
RIVER AND RECREATIOI�T AREA DR.AFT COMPRESffiJSIVE
M�TAG�IJT PLAN AND �IEtOEQD�TTAL IMP1�aCT ST�iT�NT
�HEREAS, the National Park Service and the Mississippi River
Cooxdinating Commission are currently in the process of preparing
a Comprehensive Management Plan and Environmental Impact Statement
("the Plan") for the Missi�sippi National ltiver and Recreational
Area (NIl�iRR.A) , and
WHEREAS, the boundaries of the NIlV'RRA include 72 miles of the
Mississippi River, approximately 2 1/2 of which are adjacent to the
City of Mendota Heights, and four miles of the Minnesota River, all
of which is adjacent to the City of I�endota Height�, and
WHEREAS, the provisiona of the Plan may serve to directly
impact land uses, public infrastructure improvements, and public
and private expenditures within our community, and
WSEREAS, the National Park Seavice has requested public
comments on the Plan from all affected units of local goverr�anent
and other interested partiese
�SSREAS, the Plan focuses primarily on a"Proposed Plan" and,
in less detail, discussea three alternatives, identified as
Alternatives A, B and C. Consistent with the focus of the
document, the City's comments will deal exclusively with the
Proposed Plan.
NO�P THERE:FORF3 BE IT RSSOLVED by the City of Mendota Heights,
Dakota County, Minnesota, that the City supports the goals set
forth in the Federal legislation which originally established the
NavRRA and is supportive of a balanced approach to the use and
development of the Mississippi River corridor, recognizing �he
importance of the economic, as we].1 as recreational and environ-
mental attributes of the corx�idor.
B$ IT FIIRTHER RSSOLVI3D that the City appreciates and
recognizes the efforts of the Mississippi River Coordinating
Commission and the National Park Service in preparing the Plan
which is currently before the public for comment. In response to
this request for comment, the City believes changes in the Plan are
necessary in the following areas:
1) In general, many sections of the Plan are written in a
very non-specific and vague manner which makes an
accurate determination of the true impacts of the Plan on
Mendota Heights eactremely dif£icult. These concerras
primarily relate to peranitted land use� and enviroa�enta].
protection anandate�.
2) The Plan encourages collaboration and cooperation amongst
various units of government, yet bestows upon the
Metropolitan Council and the Department of Natural
Resources authority to interpret and enforce the
provisions of the plan. The Plan further contemplates
the passage of State legislation which would usurp local
land use control from local elected officials and force
municipalities to comply with the provisions of the Pl.an
as interpreted by the Metropolitan Council and the
Department of Natural Re�ources.
Past experience indicates local elected officials have
done a commendable job protecting the Nlississippi River
over the years and the need for additional units of
government to become involved in the land use planning
process through NIlV�tR.A is questionable. The role of these
two agencies is too strongly stated throughout the Plan -
their involvement in lancl use matters should not be as a
"veto authority" , but rather as a"collaborative partner1B
capable of providing tecYu�ical assistarace to units of
local government. Within the guidelines of the Plan,
land use controls shoulcl ultimately remain with local
governing units.
3) As described above, the Plan contemplates special
legislation being passed by the Minnesota Legislature
which would require cities to update their Comprehensive
Land Use Plans to reflect the dictatea of the NII�iRR.A Plan.
Land owners within the community have relied u�on
longatanding community zoning classifications and
comprehensive planning efforts over time. Despite
assurances given in the Plan to property owners, mandated
revisions to longstanding community land uae plans may
expose units of government to future liability and damage
claims. Units of local government should not be forced
into assuming thi� liability, and should receive from the
National Park Service a guarantee that cities and
counties will be helci harmleas and not responsible for
any defense costs and judgementa arising froan �uch
claims.
�
�� 4) As required by the Legislation which established 1�itR�,,
a financial plan to "provide and support the public
improvements and sea�rices reco�nended in the Plan" is an
important element of the document. The current �ection
on financing does not adequately identify the many costs
which will be incurred by local governments in complying
with the provisions of the Plan. Nor does the Plan
address the ongoing maintenance and public safety issues
associated with new trail construction within the
corridor. This aection of the Plan needs to be expanded
to more fully and accurately identify and describe the
true public coats associated with its implementation, and
clearly indicate the sources and methods by which these
costs will be financed.
B$ IT FIIRTBER RESOLVED, �taff is directed to forward this
resolution to the National Park Sex�rice and the Mississippi Iti�rer
Coordinating Commission requesting a written response to the
concerns and objections rai�ed in this Resolution.
Adopted by the City Counci]. of the City of Nlendota Heights
this 7th day of September, 1993.
CITY COUNCIL
CITY OF NlEI�1DOTA HF�IGii'�S
By ,����.,�. �- .�t..��..�.. �x'
Charles �. 1Kertensotto
1Mayor
ATTEST:
.�G� f� �-���--
K thleen M. Swanson
City Clerk