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• Background <br /> Currently, Section 906 of the City of Elk River Code of Ordinances entitled, "Wild and <br /> Scenic River Ordinance"is fairly incomplete and contains numerous references to State <br /> Statutes,but no details. This ordinance only affects the Mississippi River. In 1995,the <br /> DNR presented the city with a draft model Wild and Scenic River Ordinance for review <br /> and approval. <br /> Staff reviewed the DNR draft ordinance,modified it to make it compatible with the <br /> City's Comprehensive Plan, and presented the modified version to the Planning <br /> Commission in July of 1996. The DNR rejected the city's proposed revisions. <br /> In March of 1997, staff met with numerous DNR Officials to discuss the logic of the <br /> city's proposed modifications to the ordinance. Staff also impressed upon them that the <br /> timing of resolving the issues was critical because of inquiries for building permits the <br /> city had received from several businesses within the Wild and Scenic River District. The <br /> DNR Officials at the meeting gave an indication that they felt the city's modifications <br /> were logical. They further indicated that the issues could be resolved by the fall of 1997 <br /> and would not get tied up in the planning process the DNR was about to start regarding <br /> the Mississippi River. <br /> When a resolution of the differences between the DNR's version of the Wild and Scenic <br /> River Ordinance and the City's Comprehensive Plan did not materialize by the fall of <br /> • 1997,the city again contacted the DNR. The new estimated time frame for the resolution <br /> of these issues was the fall of 1998. Relaying on this information,the city went ahead <br /> with an extension of city services to the East Highway 10 area. <br /> It now appears that the resolution of the outstanding issues between the City's <br /> Comprehensive Plan and the DNR's version of the Wild and Scenic River Ordinance is <br /> directly tied to the DNR's Mississippi River planning effort. Staff has tried to follow the <br /> DNR's planning effort with much frustration. The DNR is"Consensus Building". In <br /> other words, issues regarding lands adjacent, and lands not so adjacent, to the river will <br /> be decided by a majority of those who are present at their meetings when a particular <br /> issue is decided. Through this process, land use issues affecting a major corridor of land <br /> through the City of Elk River could be decided solely by people who do not live within <br /> the city limits and are not elected to do so. In addition,the city has been unable to <br /> present all of its issues to the DNR Planners at the same time. Only certain aspects of the <br /> Wild and Scenic River issues are fair game at any given meeting. <br /> By the time the DNR's planning process is over, legislative rule changes are accomplish, <br /> and specific changes in Elk River are affected,two or possibly three more years will pass. <br /> This time frame is unacceptable for businesses and other property owners who have been <br /> waiting for a resolution to these issues since 1996. <br /> • <br />