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HomeMy Public PortalAbout09.20.2016 City Council Meeting PacketMEDINA AGENDA FOR THE REGULAR MEETING OF THE MEDINA CITY COUNCIL Tuesday, September 20, 2016 7:00 P.M. Medina City Hall 2052 County Road 24 Meeting Rules of Conduct: • Fill out and turn in white comment card • Give name and address • Indicate if representing a group • Limit remarks to 3-5 minutes I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ADDITIONS TO THE AGENDA IV. APPROVAL OF MINUTES A. Minutes of the September 6, 2016 Special Council Meeting B. Minutes of the September 6, 2016 Regular Council Meeting V. CONSENT AGENDA A. Appoint Andrew Scharf to Community Service Officer Position B. Approve Monument Sign Consent and License Agreement with the Villas of Medina, LLC C. Approve Subordination of Development Agreement with Medina Leased Housing Associates I D. Call for Special City Council Meeting on October 13, 2016 at 7:30 a.m. for Fall Business Tours VI. PRESENTATIONS A. Resolution Recognizing Jodi Gallup for 10 Years of Service to the City of Medina VII. COMMENTS A. From Citizens on Items Not on the Agenda B. Park Commission C. Planning Commission VIII. NEW BUSINESS A. Ordinance Regarding Floodplain Management; Amending Chapter 8 of the City Code 1. Resolution Authorizing Publication of the Ordinance by Title and Summary IX. CITY ADMINISTRATOR REPORT X. MAYOR & CITY COUNCIL REPORTS XI. APPROVAL TO PAY BILLS XII. ADJOURN Posted 9/15/2016 Page 1 of 1 MEMORANDUM TO: Medina City Council FROM: Scott Johnson, City Administrator DATE OF REPORT: September 15, 2016 DATE OF MEETING: September 20, 2016 SUBJECT: City Council Meeting Report V. CONSENT AGENDA A. Appoint Andrew Scharf to Community Service Officer Position — Staff recommends the appointment of Andrew Scharf. Mr. Scharf possesses the skills and character Medina is looking for in a CSO. He previously served 2 1/2 years as a CSO for the City of Maple Grove and 3 years as a Reserve Deputy for Sherburne County Sheriff's Office. Staff recommends approval. See attached memo. B. Approve Monument Sign Consent and License Agreement with the Villas of Medina, LLC —The developer of the Villas of Medina seeks to construct an entrance monument in the outlot between County Road 116 and Fairway Drive. This area is located within a drainage and utility easement because of nearby utilities. Staff believes the easements are important to maintain flexibility, but is open to the entry monument being within the easement (set back a reasonable distance from the pipes) as long as it is fully at the risk of the HOA. Staff recommends approval. See attached agreement. C. Approve Subordination of Development Agreement with Medina Leased Housing Associates I — Dominium's Medina Townhomes project is nearing the end of construction. Following construction, the Minnesota Housing Finance Agency (MHFA) provides permanent financing for the project and requires that certain agreements (including the City's development agreement) are subordinate to the new financing. Staff has reviewed the development agreement, and noted that most of the provisions are completed upon construction. The one outstanding provision is related to maintaining affordability of the units as required by MHFA. Since MHFA is providing the financing, staff is not concerned with subordinating the agreement to the financing. Staff recommends approval. See attached agreement. D. Call for Special City Council Meeting on October 13, 2016 at 7:30 a.m. for Fall Business Tours — Staff recommends calling for a special meeting on October 13th at 7:30 a.m. to conduct the annual fall business tours. No attachments for this item. VI. PRESENTATIONS A. Resolution Recognizing Jodi Gallup for 10 Years of Service to the City of Medina — Assistant City Administrator Jodi Gallup will be present at the meeting to receive a resolution and be commended for her 10 years of service. Staff recommends approval. See attached resolution. Recommended Motion: Approve resolution recognizing Jodi Gallup for 10 years of service to the City of Medina. VIII. NEW BUSINESS A. Ordinance Regarding Floodplain Management; Amending Chapter 8 of the City Code — The City is required to have adopted updated regulations which are consistent with the updated maps and the updated requirements by the end of October, 2016. Failure to adopt the regulations by this timeframe will cause the City to be removed from the federal flood insurance program and make City residents ineligible for federally subsidized insurance programs. Staff does not recommend including the proposed optional provisions with the amended ordinance. See attached report. Possible Motion # 1: Adopt Ordinance Regarding Floodplain Management; Amending Chapter 8 of the City Code Possible Motion # 2: Adopt Resolution Authorizing Publication of the Ordinance by Title and Summary XI. APPROVAL TO PAY BILLS Recommended Motion: Motion to approve the bills, EFT 003811-003831 for $48,320.60, order check numbers 044826-044885 for $540,041.52, and payroll EFT 507393-507423 for $47,202.81. INFORMATION PACKET • Planning Department Update • Police Department Update • Public Works Department Update • Claims List 2 SPECIAL MEDINA CITY COUNCIL MEETING MINUTES OF SEPTEMBER 6, 2016 The City Council of Medina, Minnesota met in special session on September 6, 2016 at 6:00 p.m. in the City Hall Chambers. Mayor Mitchell presided. I. ROLL CALL Members present: Anderson, Pederson, Martin, Cousineau, and Mitchell. Members absent: Also present: Public Works Director Steve Scherer, Public Safety Director Ed Belland, Finance Director Erin Barnhart and City Administrator Scott Johnson. II. 2017 CITY OF MEDINA PROPOSED TAXES AND EXPENDITURES Barnhart provided the City Council with the 2017 proposed budget and levy. The proposed 2017 tax levy was $3,808,978 with a tax levy rate of 22.222%. The preliminary estimates show the City's property tax rate would decrease from 23.301 % in pay 2016 to 22.222% in pay 2017, or a 4.6% decrease in the rate. The proposed budget includes a 3% increase to the General Fund property tax levy for 2017. The General Fund Budget was proposed at $4,353,918. The $100,524 proposed increase will be utilized for increased insurance costs, general maintenance, and a proposed 2% cost of living increase for staff. Council reviewed the long-term needs for fire, equipment, road pavement management planning, utilities, neighboring cities tax rates, and the financial management plan. The financial management plan will be updated and posted on the website. Robert Franklin, 2819 Lakeshore Avenue, asked about yearly assessor inspections in Medina. Mayor Mitchell explained the assessor inspects 20% of the properties in Medina each year. Mario Fabrizio, 290 Calamus Circle, suggested Medina concentrate more on commercial development instead of residential due to higher commercial/industrial tax rates and less public services. Council Member Martin explained Medina is re -tooling our Comprehensive Plan currently. More land is zoned for commercial development along the Highway 55 corridor under the proposed plan. Public Works Director Steve Scherer mentioned the City does not receive the entire commercial/industrial tax increase because of the Fiscal Disparities law in the metro area. A mix of commercial/industrial and residential is needed in the City. IV. ADJOURN Mayor Mitchell adjourned the Work Session at 6:52 p.m. Medina City Council Special Meeting Minutes 1 September 6, 2016 Bob Mitchell, Mayor Attest: Jodi M. Gallup, City Clerk Medina City Council Special Meeting Minutes 2 September 6, 2016 1 DRAFT 2 3 MEDINA CITY COUNCIL MEETING MINUTES OF SEPTEMBER 6, 2016 4 5 The City Council of Medina, Minnesota met in regular session on September 6, 2016 at 6 7:00 p.m. in the City Hall Chambers. Mayor Mitchell presided. 7 8 I. ROLL CALL 9 10 Members present: Anderson, Cousineau, Pederson, Martin, and Mitchell. 11 12 Members absent: None. 13 14 Also present: City Administrator Scott Johnson, City Attorney Ron Batty, City Engineer 15 Jim Stremel, Finance Director Erin Barnhart, Public Works Director Steve Scherer, and 16 Chief of Police Ed Belland. 17 18 II. PLEDGE OF ALLEGIANCE (7:00 p.m.) 19 20 III. ADDITIONS TO THE AGENDA (7:00 p.m.) 21 The agenda was approved as presented. 22 23 IV. APPROVAL OF MINUTES (7:00 p.m.) 24 25 A. Approval of the August 16, 2016 Special City Council Meeting Minutes 26 Moved by Anderson, seconded by Pederson, to approve the August 16, 2016 special 27 City Council meeting minutes as presented. Motion passed unanimously. 28 29 B. Approval of the August 16, 2016 Regular City Council Meeting Minutes 30 It was noted on page two, line 27, it should state, "...homes." On page three, line 11, it 31 should state, "...strikes her as unique because there are multiple rentals rental units..." 32 33 Moved by Anderson, seconded by Pederson, to approve the August 16, 2016 regular 34 City Council meeting minutes as amended. Motion passed unanimously. 35 36 C. Approval of the August 16, 2016 Special Concurrent City Council Meeting 37 Minutes 38 It was noted on page one, section 2A, the last sentence of the second bullet point, it 39 should state, "They asked that the staging plan as to their properties not be changed as 40 the Committee had proposed." On page one, section 2A, the third bullet point, it should 41 state, "The property owners believed that the development of their property would 42 provide greater public access to the park/public land east of Bridgewater." On page one, 43 the heading for section 2A, it should state, "...Representative for land owners 44 landowners' south..." On page two, the first bullet point should be elaborated to note 45 that three options for various land use around the Wealshire development were 46 discussed and then option B, which was chosen should also be elaborated to specify the 47 details. 48 49 Moved by Martin, seconded by Cousineau, to approve the August 16, 2016 special 50 concurrent City Council meeting minutes as amended. Motion passed unanimously. 51 Medina City Council Meeting Minutes 1 September 6, 2016 1 V. CONSENT AGENDA (7:05 p.m.) 2 3 A. Appoint Victoria Reid as the Alternate to the Elm Creek Watershed 4 B. Approve Copier Lease with Marco for Finance Department 5 C. Approve Change Order No. 1 for Well House No. 3 Addition 6 D. Resolution No. 2016-68 Granting Extension of Time to Submit Final Plat for 7 Capital Knoll Amending Resolution 2014-78 8 Johnson provided additional details noting that in regard to Item B, noting that the 9 finance department will need to lease a new copier as the planning department will take 10 their copier downstairs when the move is complete. He referenced Item C and asked 11 Scherer to provide an update. 12 13 Scherer noted that soil corrections arose when the footings were being placed. He 14 noted that there was also a change in the location for the transformer to make 15 operations easier. He stated that the third item was an extension of watermain from the 16 street to the well house, noting that the line drawn on a previous as -built did not exist. 17 He provided the total for the change order which also includes a credit for another item. 18 He stated that the project is nearing the end. 19 20 Moved by Anderson, seconded by Pederson, to approve the consent agenda. Motion 21 passed unanimously. 22 23 VI. PRESENTATIONS 24 25 A. Resolution No. 2016-69 Recognizing Scott Johnson for 5 Years of Service 26 to the City of Medina (7:07 p.m.) 27 Mitchell read aloud the resolution recognizing Scott Johnson for five years of service to 28 the City of Medina. He thanked Johnson on behalf of the Council for his excellent work. 29 30 Johnson stated that it is an honor and privilege to serve as the City Administrator for 31 Medina and thanked the Council and residents for that privilege. He stated the City has 32 an excellent staff who work hard and each cover multiple responsibilities. He stated that 33 the items listed on the resolution are projects that have been completed by the team of 34 staff together. 35 36 Moved by Martin, seconded by Pederson, to adopt Resolution No. 2016-69 Recognizing 37 Scott Johnson for Five Years of Service to the City of Medina. Motion passed 38 unanimously. 39 40 VII. COMMENTS (7:11 p.m.) 41 42 A. Comments from Citizens on Items not on the Agenda 43 There were none. 44 45 B. Park Commission 46 Scherer stated that the Commission met on August 17t" to receive an update on the 47 Comprehensive Plan process. 48 49 Pederson asked if there is a management plan for park trails, similar to the roads. 50 51 Scherer confirmed that there is a similar program for sealcoating. Medina City Council Meeting Minutes 2 September 6, 2016 1 2 C. Planning Commission 3 No report. 4 5 VIII. NEW BUSINESS 6 7 A. Preliminary Budget and Tax Levy (7:12 p.m.) 8 Mitchell noted that during the special meeting prior to the regular meeting tonight the 9 Council reviewed the preliminary budget and tax levy. 10 11 Barnhart stated that the purpose of discussing the budget tonight is to pass the 12 preliminary budget and tax levy. She explained that the major budget item for 2017 is 13 health insurance, noting that the City is no longer a part of LOGIS and can look for plans 14 as a small business. She highlighted some of the changes from the 2016 budget 15 including changes to the general fund and a decrease in levy. She noted that once 16 adopted tonight the levy could be decreased prior to the final adoption in December, but 17 could not be increased from the amount set tonight. She provided a brief overview of 18 the preliminary budget highlights and utility rates. 19 20 Mitchell asked how much the average water bill is in Medina. 21 22 Barnhart replied that would depend upon where in the City the resident lives and the 23 amount of usage the resident has. She stated that a household with a couple and two 24 children could have a bill as low as $38 to $42 and noted that cost would rise with the 25 amount of usage and lawn watering the household has. 26 27 Mitchell referenced the list of staff positions and salaries and suggested that chart be 28 updated once the insurance is known to determine the total compensation for each 29 employee. 30 31 Barnhart stated that she does have that information and would update that once the new 32 insurance information is known. 33 34 1. Resolution No. 2016-70 Approving Proposed Tax Levy for 2017 35 Moved by Martin, seconded by Anderson, to adopt resolution no. 2016-70 approving the 36 2017 preliminary tax levy. Motion passed unanimously. 37 38 2. Resolution No. 2016-71 Approving Proposed General Fund Budget 39 for 2017 40 Moved by Martin, seconded by Anderson, to adopt resolution no. 2016-71 approving the 41 2017 preliminary general fund budget. Motion passed unanimously. 42 43 3. Resolution No. 2016-72 Reducing Debt Service Tax Levies for 2017 44 Moved by Martin, seconded by Cousineau, to adopt resolution no. 2016-72 reducing the 45 debt service tax levies for 2017. Motion passed unanimously. 46 47 4. Establish Public Discussion Date for Final 2017 Tax Levy and 48 Budget 49 Moved by Anderson, seconded by Pederson, to establish the 2017 final tax levy and 50 budget discussion for December 6, 2016 at 7:00 p.m. in City Hall. Motion passed 51 unanimously. Medina City Council Meeting Minutes 3 September 6, 2016 1 2 B. Resolution No. 2016-73 to Contract with a Council Member (Hwy 55 Rental 3 for Medina Celebration Day (7:27 p.m.) 4 Pederson recused himself from the discussion. 5 6 Johnson noted that this is a housekeeping item as Highway 55 has been a strong 7 member of the community for many years and works with the City for Celebration Day 8 each year. He stated that the contract would include a cost of $1,200 which includes 9 items such as tents and games for children. 10 11 Moved by Anderson, seconded by Martin, to adopt resolution no. 2016-73 to contract 12 with a Council member. Motion passed unanimously. 13 14 Pederson rejoined the Council. 15 16 IX. OLD BUSINESS 17 18 A. 2016 Deerhill Preserve Improvement Project (7:29 p.m.) 19 Mitchell recused himself from the discussion and Pederson took over the position of 20 Acting Mayor. 21 22 Johnson stated that the 2016 Deerhill Preserve Improvement Project includes the 23 extension of current Deerhill Road to Homestead. 24 25 City Engineer Jim Stremel stated that staff recommends that the contract be awarded for 26 the City's portion of the Deerhill Road Improvement Project to Midwest Asphalt. He 27 stated that it is recommended to select alternative B for the final bituminous paving in 28 2018, as that will delay the final lift to 2018 when a majority of the construction traffic will 29 be complete to benefit the roadway. 30 31 Pederson asked whether or not the 80 percent requirement would be used on this 429 32 project, meaning that the final lift would not be completed until the development is 80 33 percent sold out. 34 35 Scherer stated that is not the plan for this project. 36 37 Stremel explained that it is difficult to know if the development would reach 80 percent in 38 a reasonable amount of time and it is hard to bid out project materials more than two 39 years in advance, therefore it would be difficult to have reasonable numbers for the 40 publicly bid project. 41 42 Martin stated that it can also be harmful to the road if the final lift is not applied in a 43 reasonable amount of time. 44 45 Batty explained that this is a multiple year project and delaying the final lift longer would 46 have a risk to the road. He noted that almost all the projects the City does, they make 47 the developer build the road even though it will be a public road and the City takes its 48 time accepting it. He explained that in this case the City is building the road and 49 therefore will have ownership right away. 50 51 Martin asked how the bid numbers compared to what was budgeted for the project. Medina City Council Meeting Minutes 4 September 6, 2016 1 2 Stremel stated that the bid was approximately 10 percent below the engineer's estimate. 3 4 Anderson referenced the low bidder and second lowest bidder and asked if there were 5 strong opinions for either contractor. 6 7 Scherer stated that both are good companies and noted that Midwest Asphalt is a large 8 corporation. 9 10 Batty referenced the petition and waiver document which was not finalized and 11 completed four weeks prior when the item was on the agenda and therefore resulted in 12 the Council not taking action at that time. He advised that the petition and waiver is now 13 completed and finalized. 14 15 1. Resolution No. 2016-74 Accepting Bids and Awarding the Contract 16 Moved by Anderson, seconded by Martin, to adopt Resolution No. 2016-74 Accepting 17 Bids and Awarding the Contract for the 2016 Deerhill Preserve Improvement Project. 18 Motion passed unanimously. 19 20 Mitchell rejoined the Council. 21 22 B. Sioux Drive Turn Lane Improvements — Project Update and Change Order 23 (7:35 p.m.) 24 Johnson stated that staff and WSB have been working on this project for the past month 25 and a half. He explained that after the improvements were put into place, there were 26 some issues that arose with the pavement and the results of Sioux Drive. He stated that 27 staff and WSB have been working to find a solution. 28 29 Stremel referenced the plan sheet provided for the Council which is a culmination of 30 what he has been working on with staff on for the past several weeks. He stated that 31 there are some additional improvements proposed as part of this plan because staff felt 32 it would be beneficial to go above and beyond in some areas to further improve the 33 project. He stated that it is proposed to remove the curb and gutter for the driveway to 34 the south, which will allow traffic to get into the turn lane sooner and will improve the 35 queuing. He stated that it is proposed to widen the entrance which will add a short right- 36 hand turn lane, which will further improve the traffic through the intersection. He stated 37 that the cost has been split into the different funding mechanisms, noting that they 38 reviewed the original project to determine how the cost was assessed, and split between 39 the different project elements. 40 41 Anderson stated that the memorandum mentions the addition of a short right -turn lane 42 exiting the Aldi site and asked for more information. 43 44 Stremel provided additional details noting that the width of the roadway will be expanded 45 to include a short right -turn lane. 46 47 Scherer stated that the original proposed placement for the pond led staff to believe that 48 there would not be sufficient space for that activity near the Aldi site, but advised that the 49 placement was slightly moved which allowed this additional area. 50 Medina City Council Meeting Minutes 5 September 6, 2016 1 Stremel stated that most of the cost for those types of improvements was included in the 2 existing budget. He provided additional details on the intent to remove the curb and 3 gutter near the driveway to the south which would allow the traffic to better que at the 4 intersection. He explained that the curb gives traffic the wrong impression of where the 5 turn lane begins and therefore the traffic straddles the two lanes of traffic and does not 6 que properly. 7 8 Scherer stated that the median will also be extended which will allow additional stacking 9 for the turn lane and noted that the lanes will be dashed as well to provide more 10 guidance. 11 12 Stremel stated that there are a number of challenges for this intersection with the hill and 13 railroad tracks which prevent drivers from seeing the turn lane as early as they should to 14 allow for better use of the intersection. 15 16 Pederson commented that WSB went out of their way to work with the City to improve 17 this as much as they did. 18 19 Scherer referenced the portion of the project that was not completed the first time 20 around, such as the existing pavement that was not taken out. He stated that the added 21 turn lane and driveway improvements are afterthoughts and therefore City expenses, 22 while WSB will be covering the corrective work. He asked for direction on the portion 23 that the City would have done if it had been done correctly the first time. He noted that 24 some funds could be taken from the line item budget, about $10,000, and there are most 25 likely funds in the road fund budget to assist. 26 27 Martin asked the status of the budget compared to the amount on petition and waiver. 28 29 Batty stated that he believed the estimate to be $219,000 for the petition and waiver 30 amounts. 31 32 Stremel agreed. 33 34 Martin stated that after this project is complete the property would be enhanced by the 35 turn lane improvement and that would be within the budgeted amount. 36 37 Scherer referenced the added pavement area, noting that if the project was completed 38 right the first time that would have been included. He stated that adding the turn lane 39 would be an upgrade. 40 41 Johnson stated that was added by staff and WSB after the fact as that was not included 42 in the original project. 43 44 Martin stated that the question would be whether you can assess for the cost of the 45 additional pavement. 46 47 Pederson stated that he did not think the City should do that. 48 49 Batty stated that legally the City could assess the cost of that improvement. 50 Medina City Council Meeting Minutes 6 September 6, 2016 1 Martin noted that the original project included contingency funds and this is a cost of 2 completing the improvement project, so therefore it is assessable. 3 4 Pederson stated that he believed that the scope of work for the project was changed 5 when the additional turn lane and driveway improvements were added. 6 7 Martin noted that those after the fact improvements were not included in the original 8 project and therefore are not on the table to be assessed, but the added pavement was 9 within the scope of the project. 10 11 Batty clarified that Martin is stating that the added pavement should have been part of 12 the original project and therefore is part of the scope of the project and should be 13 included in the assessment. 14 15 Anderson asked if the added pavement area of $16,000 would have been necessary 16 had the corrective work been done properly in the first place. 17 18 Stremel agreed that if the project was done right the first time the pavement would have 19 had to be taken out to lower the grade properly. 20 21 Pederson asked if the added 20 feet for the whistle -less stop is included. 22 23 Stremel noted that is part of the original work to be completed. He explained that there 24 are a few items in the original scope of work that had not yet been completed and 25 therefore are included to be completed as part of the original budget. 26 27 Anderson asked, and received clarification, that the City's portion of the cost will be 28 $35,000, $16,000 of which will be assessable while the remaining $18,500 will not be 29 assessable. It was noted that WSB will be covering approximately $25,500 of the 30 project cost. 31 32 Batty noted that there is another $5,000 to $6,000 in change orders included as well. 33 34 Stremel stated that those items are included in the original work to date that the City is 35 negotiating with the contractor. 36 37 Batty estimated a total cost would be about $134,000, which is below the $219,000 38 specified in the petition and waiver. He confirmed that collectively the assessments can 39 have a total of up to $219,000. He stated that staff is stating that had the project been 40 designed correctly that additional pavement would have been included in the original 41 project. He explained that when all the costs are finalized sometime this fall there will be 42 actual proposed assessments for the properties. He stated that at that time the Council 43 will adopt a resolution, noting that a public hearing is not required because of the petition 44 and waivers on record. He recommended that the properties involved still be notified of 45 the proposed action prior to that meeting. 46 47 Moved by Martin, seconded by Anderson, to approve the Change Order for the Sioux 48 Drive Turn Lane Improvements as presented. Motion passed unanimously. 49 50 Batty verified the direction of the Council to include the $16,000 for additional pavement 51 costs in the assessments. Medina City Council Meeting Minutes 7 September 6, 2016 1 2 X. CITY ADMINISTRATOR REPORT (7:57 p.m.) 3 Johnson confirmed the date of October 13th for the fall business tours. 4 5 XI. MAYOR & CITY COUNCIL REPORTS (7:58 p.m.) 6 Mitchell stated that the Dominium housing development is complete and people are 7 starting to move in. He stated that he would love to receive an update and perhaps 8 receive demographics on the residents. 9 10 Johnson stated that information was requested from Dominium but was not provided 11 because of privacy concerns for the residents. 12 13 Belland stated that every one of the units is occupied and there have only been four or 14 five calls for service in the past four months, with no major concerns or problems. 15 16 Anderson asked how those calls for service would compare to other areas of the city. 17 18 Belland stated that it is hard to compare but estimated it to be about the same. He 19 stated that some of the calls were due to parking during the construction times. 20 21 Mitchell asked staff to keep thinking about that as the need for more affordable housing 22 units will arise in the future. 23 24 Belland stated that an on -site management team will soon be on site and will be helpful 25 in establishing an ongoing relationship and open lines of communication. 26 27 Mitchell stated that the City and Council are doing great and encouraged everyone to 28 keep up the good work. 29 30 XII. APPROVAL TO PAY THE BILLS (8:01 p.m.) 31 Moved by Anderson, seconded by Cousineau, to approve the bills, EFT 003789-003810 32 for $63,592.81, order check numbers 044746-044825 for $448,617.75, and payroll EFT 33 507367-507392 for $46,665.69. Motion passed unanimously. 34 35 XI. MAYOR & CITY COUNCIL REPORTS (Continued) (8:02 p.m.) 36 37 Martin stated that she has continued a dialogue with the fire departments which has 38 been very good. She stated that she has heard many positive comments from residents 39 along Hunter Drive where the roadway improvement occurred. She commended 40 Scherer for coordinating the work and working cooperatively with Orono to have that city 41 complete the necessary work. She stated that the contractor had commented that the 42 road was very poorly constructed and had little to no base in some areas. 43 44 Mitchell commented that many of the roads in Medina were gravel and did not have a 45 sufficient base when the County paved the roads. 46 47 Martin stated that there will be some upcoming open houses for the Comprehensive 48 Plan, the first of which will be a booth at Medina Celebration Day. She suggested 49 Council members stop by an open house meeting to gain an insight on the opinion of the 50 public. She asked Johnson to include a schedule of the public meetings in his report. 51 Medina City Council Meeting Minutes 8 September 6, 2016 1 Pederson commented that Hamel Fire did a great job on the training the Council recently 2 attended. 3 4 XIII. ADJOURN 5 Moved by Anderson, seconded by Martin, to adjourn the meeting at 8:08 p.m. Motion 6 passed unanimously. 7 8 9 10 11 Bob Mitchell, Mayor 12 Attest: 13 14 15 Scott Johnson, City Administrator Medina City Council Meeting Minutes 9 September 6, 2016 MEDINA POLICE DE12.1 MEMORANDUM Agenda Item # 5A 600 Clydesdale Trail Medina, MN 55340.9790 ps763.473.9209 f: 763.473-8858 non -emergency: 763.525.6210 Emergency 9-1-1 TO: City Administrator Scott Johnson and City Council FROM: Chief Ed Belland DATE: September 14, 2016 RE: Conditional Job Offer for Andrew Scharf for CSO Position On June 24, 2016, I was notified by Community Service Officer (CSO) Brandon Wenande that he had accepted a full-time Deputy Sheriff position with Wright County. On July 5, 2016, the City Council authorized staff to begin the recruitment process to replace Mr. Wenande. The interview panel and I recommend the appointment of our top candidate Andrew Scharf. We believe that Scharf possesses the skills and character we are looking for in a CSO. He previously has 2 1/2 years of experience as a CSO for the City of Maple Grove and 3 years of experience as a Reserve Deputy for Sherburne County Sheriff's Office. Two strong candidates were interviewed for the position. The interview panel recommends that the runner up be put on an eligibility list for the CSO position if it were to open up in the next year. I would ask for Council's permission to offer the part-time CSO position to Andrew Scharf with a starting date of September 21, 2016. Mr. Scharf would have a starting pay of $14.00 per hour working 24 hours per week. Agenda Item # 5B CONSENT AND LICENSE AGREEMENT This Consent and License Agreement (the "License Agreement") is made and entered into on the day of September, 2016, by and between the CITY OF MEDINA, a Minnesota municipal corporation (the "City") and THE VILLAS OF MEDINA, LLC, a Minnesota limited liability company (the "Owner"). RECITALS: WHEREAS, the City has approved the plat of Villas at Medina Country Club (the "Plat") and the Owner is developing a residential subdivision pursuant to the Plat; and WHEREAS, the Owner intends to construct a monument sign (the "Monument Sign") on a portion of the Plat legally described as Outlot A, Villas at Medina Country Club (the "Outlot"). The Monument Sign will be located within certain utility and drainage easements dedicated to the City on the Plat (the "Easements"), as depicted on Exhibit A attached hereto (the "Encroachment"); and WHEREAS, the City consents to the construction and location of the Monument Sign, as further detailed below. NOW, THEREFORE, subject to the terms and conditions of this License Agreement, in reliance upon the above recitals, and in reliance upon the representations, warranties and covenants of the parties herein contained, the City and the Owner agree as follows: 1. CONSENT/LICENSE. The City consents to the Encroachment and hereby grants to the Owner a license to construct, maintain, repair and replace the Monument Sign pursuant to the terms and conditions of this License Agreement. The Monument Sign shall be substantially similar to the sign depicted on Exhibit B attached hereto. The terms of this License Agreement shall only create a license for the Owner to construct, repair, maintain and replace the Monument Sign within the Easements. No additional improvements may be constructed by the Owner within the Easements without the prior written approval of the City. 2. MAINTENANCE; INDEMNIFICATION. The Owner agrees to construct, repair, maintain and replace the Monument Sign at its own expense. The Owner agrees to indemnify, defend and hold the City, harmless against and in respect of any and all claims, costs, 485899v3 RHB ME230-1PZ 1 expenses, damages and reasonable attorneys' fees, that the City incurs or suffers, which arise out of, result from or relate to the construction, maintenance, repair or replacement of the Monument Sign pursuant to this License Agreement by the Owner, its contractors, or any party acting under the authorization or direction of the Owner. In no event, however, shall the Owner's indemnification obligation herein extend to any claim, cost, expense, damage, or reasonable attorneys' fees that are incurred due to the negligence or intentional misconduct of the City, its contractors, employees or agents. 3. CITY'S RESERVED RIGHTS. The City expressly reserves all of its rights pursuant to the Easements. If it becomes necessary for the City to relocate, remove or otherwise alter the Monument Sign in the reasonable exercise of the City's rights under the Easements, the Owner shall be solely responsible for any and all such costs and expenses reasonably incurred to relocate, remove or otherwise alter the Monument Sign, including any cost of repair. The City reserves the right to require relocation or removal of the Monument Sign at any time if its location interferes with the City's use of the Easements for their intended purpose. 4. ASSIGNMENT. The parties mutually recognize and agree that the Owner intends to convey the Outlot to The Villas at Medina Country Club Association, Inc., a Minnesota nonprofit corporation (the "Association"), which is the homeowners' association that has been created by the Owner to maintain the common property located in the Plat. Upon such conveyance, the Owner may also assign all of its rights and obligations under this License Agreement to the Association and the Owner shall be released from any further obligations under this License Agreement. 5. AMENDMENT. No provision of this License Agreement shall be deemed waived or amended unless such waiver or amendment is in writing. 6. NO TAKING. Termination of this Agreement by the City shall not constitute a taking as defined by Minnesota Statutes, Section 117.025. 7. GOVERNMENTAL IMMUNITY. Nothing contained in this Agreement shall be deemed a waiver by the City of any governmental immunity defenses, statutory or otherwise. Claims brought by the Owner, its successors or assigns or any other party shall be subject to the governmental immunity defenses of the City under common law and the maximum liability limits provided in Minnesota Statutes, Chapter 466. 8. NOTICE. Any notice required to be given under this License Agreement shall be sufficiently given by one party to the other if in writing and if and when delivered or tendered either in person or by depositing it in the United States mail in a sealed envelope, by certified mail, return receipt requested, with postage and postal charges prepaid, addressed as follows: If to the City: City of Medina Attention: City Administrator 2052 County Road 24 Medina, MN 55340 485899v3 RHB ME230-1PZ 2 If to the Owner: The Villas of Medina, LLC 4125 Napier Court N St. Michael, MN 55376 or to such other address as the parry addressed shall have previously designated by notice given in accordance with this section. Notices shall be deemed to have been duly given on the date of delivery if delivered personally on the party to whom notice is to be given, or on the 2nd day after mailing if mailed as provided above. 9. COUNTERPARTS. This License Agreement may be executed in any number of counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties have executed this License Agreement as of the date written above. CITY OF MEDINA By: Bob Mitchell, Mayor By: Scott T. Johnson, City Administrator OWNER THE VILLAS OF MEDINA, LLC By: Its: 485899v3 RHB ME230-1PZ 3 EXHIBIT A Depiction of Monument Sign MONUMENT SIGN EXHIBIT _ 50 MEANDER ROAD VILLAS AT MEDINA COUNTRY CLUB r` ,I 1 1 29 LEGEND — — RICHT—OF—WAY LINE ------- SETBACK LINE FROM MAX DEPTH OF SANITARY OR STORM SEWER I ASPHALT SURFACE TRAFFIC SIGN LICHT POLE DECIDUOUS TREE 0 SHRUB/BUSH SANITARY SEWER 5TORM 5FYER ♦ ♦WENCK Toro sn PRO.' Ma �nR epi6.isee'"°'�° MONUMENT SIGN EXHIBIT � �� Fl: rvnnn� nSIVP WM.. Egeprond10111somel CHEAT INAIE RACHEL CONTRACTING 4425 NAPIER CT NE GT. MiCHAEL, MN 55376 DA 6r NO WO oRe Dort 23—We-2015 YLH C1 CA SQ4[ t. = �� M.' H0. SHEET IG. 34e0-0o04 1 OF 1 485899v3 RHB ME230-1PZ EXHIBIT B Design of Monument Sign [to be included] B-1 485899v3 RHB ME230-1PZ FOR USE BY FILING OFFICER ONLY SUBORDINATION OF DEVELOPMENT AGREEMENT THIS SUBORDINATION AGREEMENT is effective as of the day of , 2016, between the City of Medina, a municipal corporation under the laws of Minnesota (the "City"), Medina Leased Housing Associates I, Limited Partnership, a Minnesota limited partnership ("Borrower") and the Minnesota Housing Finance Agency, a public body corporate and politic of the State of Minnesota ("MHFA"). RECITALS A. The City and Borrower are partiers to a Development Agreement dated April 14, 2015, filed April 16, 2015 as Document No. T05248388 (the "Development Agreement") against the real property located in the County of Hennepin, State of Minnesota and legally described on Exhibit A attached hereto (the "Real Property"). B. Borrower is the fee owner of the Real Property, has applied for a mortgage loan (the "Loan") from MHFA. C. MHFA is unwilling to accept the Development Agreement upon the Real Property unless the City and Borrower subordinate the Development Agreement to the lien that is being created on the Real Property by MHFA to secure the Loan (the "Mortgage Lien"). D. The City and Borrower are willing to subordinate the Development Agreement to the Mortgage Lien to be created by MHFA on the Real Property. Medina Townhomes, Medina D7653 Deferred Loan Programs 1 9-1-2016 Subordination Agreement (Ver. 9/18/13) NOW THEREFORE, the City and Borrower hereby subordinate the Development Agreement against the Real Property to the Mortgage Lien of MHFA in an original principal amount not to exceed $769,000.00. IN WITNESS WHEREOF, this Subordination of Development Agreement has been duly executed as of the date first written above. STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) SS. CITY: CITY OF MEDINA By: Bob Mitchell, Mayor The foregoing instrument was acknowledged before me this day of , 2016, by Bob Mitchell, Mayor of the City of Medina, a municipal corporation under the laws of Minnesota, on behalf of the corporation. Notary Public Medina Townhomes, Medina D7653 Deferred Loan Programs 2 9-1-2016 Subordination Agreement (Ver. 9/18/13) BORROWER: MEDINA LEASED HOUSING ASSOCIATES I, LIMITED PARTNERSHIP a Minnesota limited partnership By: MEDINA LEASED HOUSING ASSOCIATES I, LLC a Minnesota limited liability company General Partner By: Jeffrey R. Huggett, Vice President STATE OF MINNESOTA ) ) ss COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this day of 2016, by Jeffrey R. Huggett, the Vice President of Medina Leased Housing Associates I, LLC, a Minnesota limited liability company, general partner of Medina Leased Housing Associates I, Limited Partnership, a Minnesota limited partnership, on behalf of the limited liability company and the limited partnership. Notary Public Medina Townhomes, Medina D7653 Deferred Loan Programs 3 9-1-2016 Subordination Agreement (Ver. 9/18/13) STATE OF MINNESOTA ) COUNTY OF RAMSEY ) SS. MHFA: MINNESOTA HOUSING FINANCE AGENCY By: Wesley J. Butler Assistant Commissioner, Multifamily The foregoing instrument was acknowledged before me this day of , 2016, by Wesley J. Butler, Assistant Commissioner, Multifamily of the Minnesota Housing Finance Agency, a public body corporate and politic of the State of Minnesota, on behalf of the Agency. Notary Public DRAFTED BY: Minnesota Housing Finance Agency 400 Sibley Street, Suite 300 St. Paul, MN 55101 Medina Townhomes, Medina D7653 Deferred Loan Programs 4 9-1-2016 Subordination Agreement (Ver. 9/18/13) EXHIBIT A Legal Description Lot 1, Block 1, Medina Clydesdale Townhomes Hennepin County, Minnesota Torrens property Medina Townhomes, Medina D7653 Deferred Loan Programs 5 9-1-2016 Subordination Agreement (Ver. 9/18/13) Agenda Item # 6A Member introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 2016-XX RECOGNIZING JODI GALLUP FOR TEN YEARS OF SERVICE TO THE CITY OF MEDINA WHEREAS, Jodi Gallup has been a valued full time City of Medina employee in the Administration Department of the City since September 20, 2006; and WHEREAS, Jodi has served as the Assistant City Administrator/City Clerk since January 1, 2016, and as Assistant to City Administrator/Deputy Clerk for 9 years, and has also served the City as Office Assistant to Administration and Administration Intern; and WHEREAS, Jodi serves as the City's Election Coordinator and provided leadership through the creation of a second election precinct in Medina, recruiting and training elections staff, and implementing new DS200 vote tabulators in 2014 and Electronic Poll Books in 2016 in Medina's precincts; and WHEREAS, Jodi serves as the staff liaison to the Park Commission and has coordinated the completion of various park and trail studies, park equipment purchases, land acquisitions, and provided great ideas and leadership with "The Park at the Fields of Medina" project; and WHEREAS, Jodi serves as the City Recycling Coordinator and led the efforts in implementing single -sort recycling and the City-wide Blue Bag Organics recycling program in 2013; and WHEREAS, Jodi coordinates employee benefits and served on the LOGIS health insurance committee from 2013-2016; during her tenure at Medina, she has led the staff through three changes in health insurance carriers and is currently leading the process of exiting LOGIS and moving to small group coverage; WHEREAS, Jodi serves as the Data Practices Responsible Authority and Compliance Officer and Records Retention Officer, under which roles she updated the data practices polices and headed the effort to implement Laserfiche Document Management Software at City Hall; and WHEREAS, Jodi helps keep Medina citizens informed by authoring a monthly column in Medina Living Magazine, maintaining the City Website and Facebook page, and compiling the bi- monthly City newsletter; and WHEREAS, Jodi has demonstrated initiative by obtaining the title of Certified Municipal Clerk of Minnesota by completing a three year professional development program through the Minnesota Municipal Clerks Institute and continues her education through the MCFOA Advanced Academy; and Resolution No. 2016-XX September 20, 2016 WHEREAS, the City of Medina expresses sincere gratitude for Jodi's dedication, leadership and continued service to the Medina community NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Medina acknowledges and thanks Jodi Gallup for ten years of service to the community. Dated: September 20, 2016. Bob Mitchell, Mayor ATTEST: Scott T. Johnson, City Administrator The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: And the following voted against same: None Whereupon said resolution was declared duly passed and adopted. Resolution No. 2016-X0C 2 September 20, 2016 Agenda Item # 8A MEMORANDUM TO: Mayor Mitchell and Members of the City Council FROM: Dusty Finke, City Planner; through City Administrator Scott Johnson DATE: September 14, 2016 MEETING: September 20, 2016 City Council SUBJ: Ordinance Amendment — Floodplain Management Background The Federal Emergency Management Administration (FEMA) periodically updates the maps and models related to areas throughout the country which have a higher chance of flooding. When these maps are updated within a geographical area, communities are required to update their floodplain management regulations to adopt the updated maps. In addition to adopting the map, the regulations are required to be brought into compliance with the most recent federal requirements for local ordinances. Federal and state governmental agencies adopt minimum requirements but leave it up to local communities to enforce the regulations. The Minnesota DNR has provided a model ordinance and commentary which describes the areas in which local governments have discretion within the regulations. This discretion is fairly limited. The regulations are intended to limit new development within flood prone areas while phasing out existing development. The local community is allowed some leeway to balance local economic development with the risk of flooding. Medina has very little existing improvements within flood prone areas and fairly limited flood risks. As a result, staff has recommended that the City not adopt most of the optional provisions which may allow more development within flood prone areas, but which also require additional administrative and regulatory involvement by the City. The optional provisions which staff do not recommend adopting are highlighted in yellow and struck -through in red, but staff wanted to provide them for informational purposes. If the Council adopts the ordinance as recommended, staff will remove the highlighted language from the ordinance. The City is required to have adopted updated regulations which are consistent with the updated maps and the updated requirements by the end of October, 2016. Failure to adopt the regulations by this timeframe will cause the City to be removed from the federal flood insurance program and make City residents ineligible for federally subsidized insurance programs. The proposed new language for the floodplain ordinance begins on page 28 of the ordinance. The first 27 pages is deleting existing language to make way for the new language. Ordinance Amendment Page 1 of 2 September 20, 2016 Floodplain Management City Council Meeting Planning Commission Recommendation The Planning Commission held a Public Hearing on the ordinance at their September 13 meeting. The Commission agreed that it would recommend against adding the optional provisions which are more permissive for development in floodplains. No one spoke at the Public Hearing. The Planning Commission then unanimously recommended approval of the ordinance as attached. Potential Action After the Council reviews the ordinance, the following motions would be in order: 1) Move to adopt the ordinance regarding floodplain management. 2) Move to adopt the resolution authorizing publication of the ordinance by title and summary. Attachments 1. DRAFT Ordinance 2. Resolution to publish by title and summary 3. Commentary and Model Ordinance from Minnesota Department of Natural Resources 4. Map identifying floodplain areas within the City Ordinance Amendment Page 2 of 2 September 20, 2016 Floodplain Management City Council Meeting CITY OF MEDINA ORDINANCE NO. ### AN ORDINANCE REGARDING FLOODPLAIN MANAGEMENT; AMENDING CHAPTER 8 OF THE CITY CODE The City Council of the City of Medina ordains as follows: SECTION I. Section 825.07 of the code of ordinances of the city of Medina is amended by deleted the stricken language and adding the underlined language as follows: Section 825.07. Definitions. The following words and terms shall have the meanings ascribed to them: Subd. 28.1. Equal Degree of Encroachment — this term is defined within the Definition section of the Floodplain Management Ordinance, Section 826.74. a method of determining the location of floodway boundaries so that flood plain lands on both sides of a stream are capable of conveying a proportionate share of flood flows. Subd. 36. Flood - this term is defined within the Definition section of the Floodplain Management Ordinance, Section 826.74. A temporary increase in the flow or stage of a stream or in the stage of a wetland or lake that results in the inundation of normally dry areas. Subd. 37. Flood Frequency - this term is defined within the Definition section of the Floodplain Management Ordinance, Section 826.74. ''�� o v�����•,*�*��*���"- av*��H�a, which it is expected that a specific flood stage or discharge may be equalled or exceeded. Subd. 38. Flood Fringe - this term is defined within the Definition section of the Floodplain Management Ordinance, Section 826.74. That portion of the floodplain outside of the floodway and which has been or hereafter may be covered by the regional flood. Subd. 39. Flood Proofing - this term is defined within the Definition section of the Floodplain Management Ordinance, Section 826.74. A combination of structural provisions, changes or adjustments to properties and structures subject to flooding, primarily for the reduction or elimination of flood damages. Subd. 40. Floodplain - this term is defined within the Definition section of the Floodplain Management Ordinance, Section 826.74. The beds proper and the areas adjoining a wetland, lake or watercourse which have been or hereafter may be covered by the regional flood. Ordinance No. ### 1 DATE Subd. 41. Floodway - this term is defined within the Definition section of the Floodplain Management Ordinance, Section 826.74. The channel of the watercourse and those portions of the adjoining floodplains which are reasonably required to carry and discharge the regional flood. Subd. 80.2. Reach - this term is defined within the Definition section of the Floodplain Management Ordinance, Section 826.74. A hydraulic engineering term to describe a longitudinal segment of a stream or river influenced by a natural or man made obstruction. In an urban area, the segment of a stream or river between two consecutive bridge crossings would most typically constitute a reach. Subd. 86. Regional Flood - this term is defined within the Definition section of the Floodplain Management Ordinance, Section 826.74. A flood which is representative of large floods known to have occurred generally in Minnesota and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of the 100 year recurrence interval. Regional flood is synonymous with the term "base flood" used in the flood insurance study. Subd. 88. Regulatory Flood Protection Elevation - this term is defined within the Definition section of the Floodplain Management Ordinance, Section 826.74. ^ peint ^^*'ess than ene foot above the water surface profile associated with the regional flood plus any increases in flood heights attributable to encroachments on the floodplain. It is the elevation to which uses regulated by this Ordinance are required to be elevated or flood proofed. SECTION II. Sections 826.74 through 826.97 of the code of ordinances of the city of Medina is deleted in its entirety as follows: Subd. 1. Statutory Authorization. The legislature of the State of Minnesota has, in Minnesota Statutes Chapter 103F and Chapter 462 delegated the responsibility to local ge-vemment-units-te-aelept-r-egulatiens-elesigned to minimize flood losses. Therefore, the City Council of the City of Medina, Minnesota does ordain as follows: (a) The flood hazard areas of Medina, Minnesota, are subject to periodic inundation which results in potential loss of life, loss of property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures or flood protection and relief, and impairment of the tax base, all of which adversely affect the „„bli h ltl g er-a T elf r- (b) Methods Used to Analyze Flood Hazards. This ordinance is based upon a reasonable Ordinance No. ### 2 DATE method of analyzing flood hazards which is consistent with the standards established by the Minnesota Department of Natural Resources. (c) National Flood Insurance Program Compliance. This ordinance is adopted to comply with the rules and regulations of the National Flood Insurance Program codified as 11 Code of Federal Regulations Parts 59 78, as amended, so as to maintain the community's eligibility in the National Flood Insurance Program. Subd. 3. Statement of Purpose. It is the purpose of this ordinance to promote the public health, safety, and general welfare and to minimize those losses described in Section 826.75, subd. 2 (a) by provisions contained herein. Subd. 1. Lands to Which Ordinance Applies. This ordinance shall apply to all lands within the jurisdiction of the city shown on the official zoning map and/or the attachments thereto as being located within the boundaries of the Floodway, Flood Fringe, or General Flood Plain Districts. Subd. 2. Establishment of Official Zoning Map. The Official Zoning Map together with this ordinance. The attached material shall include the Flood Insurance Study, Volume 1 of 2 and Volume 2 of 2, Hennepin County, Minnesota, All Jurisdictions and the Flood Insurance Rate Map panels numbered 27053C0134 E, 27053C0142 E, 27053C0144 E, 27053C0153 E, 27053C0154 E, 27053C0158 E, 27053C0159 E, 27053C0165 E, 27053C0166 E, 27053C0167 E, 27053C0168 E, 27053C0169 E, 27053C0302 E, 27053C0306 E, and 27053C0307 E for the City of Medina, dated September 2, 2004, as developed by the Federal Emergency Management Agency. The official zoning map c'i^" bee f'ei he of ce of the city cleric and the zoning administrator. elevation shall be an elevation no lower than one foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the flood plain that result from designation of a floodway. (a) In their interpretation and application, the provisions of this ordinance shall be held to be minimum requirements and shall be liberally construed in favor of the city and shall not be deemed a limitation or repeal of any other powers granted by state statutes. (b) The boundaries of the zoning districts shall be determined by scaling distances on the Official Zoning Map. Where interpretation is needed as to the exact location of where there appears to be a conflict between a mapped boundary and actual field Ordinance No. ### 3 DATE conditions and there is a formal appeal of the decision of the zoning administrator, the city council acting as the Board of Adjustment shall make the necessary interpretation. All decisions will be based on elevations on the regional (100 year) flood profile, the ground elevations that existed on the site at the time the city adopted its initial floodplain ordinance, and other available technical data. Persons contesting the location of the district boundaries shall be given a reasonable oppefturfitte-pr-esent-their-eas-e-te-tlie-Bear-d-ef-Adj-ustment-an-d-te-submit technical evidence. Subd. 5. Abrogation and Crcater Restrictions. It is not intended by this ordinance to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. ordinance shall prevail. All other ordinances inconsistent with this ordinance are hereby repealed to the extent of the inconsistency only. Subd. 6. Warning and Disclaimer of Liability. This ordinance does not imply that areas outside the flood plain districts or land uses permitted within such districts will be free from flooding or flood damages. This ordinance shal not AYeat^ liabi iP et the pft of city or any officer or employee thereof for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made thereunder. Subd. 7. Severability. If any section, clause, provision, or portion of this ordinance is of this ordinance shall not be affected thereby. Subd. 8. Definitions. Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as to give them the same meaning as they have in common usage and so as to give this ordinance its most reasonable application. (a) Accessory Use or Structure a use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure. (b) Basement means any area of a structure, including crawl spaces, having its floor or all four sides, regardless of the depth of excavation below ground level. (c) Conditional Use means a specific type of structure or land use listed in the official control that may be allowed but only after an in depth review procedure and with appropriate conditions or restrictions as provided in the official zoning controls or building codes and upon a finding that: (1) Certain conditions as detailed in the zoning ordinance exist. (2) if one exists and are compatible with the existing neighborhood. Ordinance No. ### 4 DATE (d) Equal Degree of Encroachment a method of determining the location of floodway boundaries so that flood plain lands on both sides of a stream are capable of conveying a proportionate share of flood flows. (e) Flood a temporary increase in the flow or stage of a stream or in the stage of a wetland or lake that results in the inundation of normally dry areas. discharge may be equaled or exceeded. synonymous with the term "floodway fringe" used in the Flood Insurance Study. (h) Flood Plain the beds proper and the areas adjoining a wetland, lake or watercourse which have been or hereafter may be covered by the regional flood. (i) Flood Proofing a combination of structural provisions, changes, or adjustments to properties and structures subject to flooding, primarily for the reduction or elimination of flood damages. (j) Floodway the bed of a wetland or lake and the channel of a watercourse and those portions of the adjoining flood plain which are reasonably required to carry or store the regional flood discharge. unfinished or flood resistant enclosure, used solely for parking of vehicles, a building's lowest floor. (1) Manufactured Home a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include the term "recreational vehicle." (m) Obstruction any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel modification, culvert, building, wire, fence, stockpile, refuse, fill, structure, or matter in, along, across, or projecting into any channel, watercourse, or regulatory flood plain which may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water. (n) Principal Use or Structure means all uses or structures that are not accessory uses or structures. Ordinance No. ### 5 DATE or river influenced by a natural or man made obstruction. In an urban area, the segment of a stream or river between two consecutive bridge crossings would most typically constitute a reach. (p) Recreational Vehicle a vehicle that is built on a single chassis, is /100 square feet or less when measured at the largest horizontal projection, is designed to be self propelled or permanently towable by a light duty truck, and is designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. For the purposes of this ordinance, the term recreational vehicle shall be synonymous with the term travel trailer/travel vehicle. (q) Regional Flood a flood which is representative of large floods known to have occurred generally in Minnesota and reasonably characteristic of what can be recurrence interval. Regional flood is synonymous with the term "base flood" used in a flood insurance study. (r) Regulatory Flood Protection Elevation The regulatory flood protection elevation shall be an elevation no lower than one foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the flood plain that result from designation of a floodway. garages, cabins, manufactured homes, recreational vehicles not meeting the exemption criteria specified in Section 826.88, subd. 3 (a) of this ordinance and other similar items. (t) Substantial Damage means damage of any origin sustained by a structure where the cost of reste fiftg lie stf -twe to ;t-s hef ro ,a.,,,., e€ nditi ,, . ul o ,. exceed 50 percent of the market value of the structure before the damage occurred. (u) Substantial Improvement within any consecutive 365 day period, any reconstruction, rehabilitation (including normal maintenance and repair), repair after damage, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures that have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either: Ordinance No. ### 6 DATE (1) Any project for improvement of a structure to correct existing violations of been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions. (2) Any alteration of an "historic structure," provided that the alteration will not preclude the structure's continued designation as an "historic structure." For the purpose of this ordinance, "historic structure" shall be as defined in Code of Federal Regulations, Part 59.1. (v) Variance means a modification of a specific permitted development standard required in an official control including this ordinance to allow an alternative development standard not stated as acceptable in the official control, but only as applied to a particular property for the purpose of alleviating a hardship, practical difficulty or unique circumstance as defined and elaborated upon in a community's respective planning and zoning enabling legislation. (a) Floodway District. The Floodway District shall include those areas designated as floodway on the Flood Insurance Rate Map adopted in Section 826.77, subd. 2. (b) Flood Fringe District. The Flood Fringe District shall include those areas designated as floodway fringe. The Flood Fringe District shall include those areas shown on the Flood Insurance Rate Map as adopted in Section 826.77, subd. 2, as being (c) General Flood Plain District. The General Flood Plain District shall include those areas designated as Zone A or Zones AE, Zone A0, or Zone AH without a floodway on the Flood Insurance Rate Map adopted in Section 826.77, subd. 2. Subd. 2. Compliance. No new structure or land shall hereafter be used and no structure shall be constructed, located, extended, converted, or structurally altered without full compliance with the terms of this ordinance and other applicable regulations which apply to uses within the jurisdiction of this ordinance. Within the Floodway, Flood Fringe and General Flood Plain Districts, all uses not listed as permitted uses or conditional uses in Sections 826.80, 826.83, and 826.84 that follow, respectively, shall be prohibited. In addition, a caution is provided here that: (a) New manufactured homes, replacement manufactured homes and certain travel and specifically Section 826.88. Ordinance No. ### 7 DATE (b) Modifications, additions, structural alterations, normal maintenance and repair,, or repair after damage to existing nonconforming structures and nonconforming uses of structures or land are regulated by the general provisions of this ordinance and specifically Section 826.92. (c) As built elevations for elevated or flood proofed structures must be certified by ground surveys and flood proofing techniques must be designed and certified by a registered professional engineer or architect as specified in the general provisions of this ordinance and specifically as stated in Section 826.91 of this ordinance. (a) General farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming, and wild crop harvesting. (b) Industrial commercial loading areas, parking areas, and airport landing strips. grounds, boat launching ramps, swimming areas, parks, wildlife and nature recreational trails. (d) Residential lawns, gardens, parking areas, and play areas. (a) The use shall have a low flood damage potential. (b) The use shall be permissible in the u„ao,lyi R distr-:, if ene ists (c) The use shall not obstruct flood flows or increase flood elevations and shall not involve structures, fill, obstructions, excavations or storage of materials or equipment. Sub€1,3tie..i.l- r (a) Structures accessory to the uses listed in subd. 1 above and the uses listed in (b) (h) below. (b) Extraction and storage of sand, gravel, and other materials. (c) Marinas, boat rentals, docks, piers, wharves, and water control structures. (a) n �, t-root� �.,-;ages ti-Ii�transmi s „ li a r reli r,�crvccs-or-rcr � o� Ordinance No. ### 8 DATE (e) Storage yards for equipment, machinery, or materials. (f) Placement of fill or construction of fences. (g) Recreational vehicles either on individual lots of record or in existing or new subdivisions or commercial or condominium type campgrounds, subject to the exemptions and provisions of Section 826.88, subd. 3 of this ordinance. any height where the intent is to protect individual structures and levees or dikes where the intent is to protect agricultural crops for a frequency flood event equal to or less than the 10 year frequency flood event. (a) All Uses. No structure (temporary or permanent), fill (including fill for roads and be allowed as a conditional use that will cause any increase in the stage of the 100 year or regional flood or cause an increase in flood damages in the reach or reaches affected. (b) All floodway conditional uses shall be subject to the procedures and standards contai red-m -Seet}6i}-826. n 1 „b€ n " -t-tHs a;" ""o � cm�-viQrrrccri�z (c) The conditional use shall be permissible in the underlying zoning district if one exists. (d) Fill: (1) Fill, dredge spoil, and all other similar materials deposited or stored in the flood or other acceptable method. (2) Dredge spoil sites and sand and gravel operations shall not be allowed in the floodway unless a long term site development plan is submitted which includes an erosion/sedimentation prevention element to the plan. (3) As an alternative, and consistent with subsection (2) immediately above, dredge spoil disposal and sand and gravel operations may allow temporary, on site storage of fill or other materials which would have caused an increase to the stage of the 100 year or regional flood but only after the city council has received an appropriate plan which assures the removal of the materials from the floodway based upon the flood warning time available. The conditional use permit must be title registered with the property in the Office of the County Recorder. (e) Accessory Structures: (1) Accessory structures shall not be designed for human habitation. Ordinance No. ### 9 DATE (2) Accessory structures, if permitted, shall be constructed and placed on the building site so as to offer the minimum obstruction to the flow of flood waters: (aa) Whenever possible, structures shall be constructed with the (bb) So far as practicable, structures shall be placed approximately on the same flood flow lines as those of adjoining structures. (3) Accessory structures shall be elevated on fill or structurally dry flood proofed in aeser-dance-with-tht Fn i , Fn o 14eea »� ring lassi eats ns 4tio State Building Code. As an alternative, an accessory structure may be flood proofed provided the accessory structure constitutes a minimal investment, does not exceed 500 square feet in size at its largest projection, and for a detached garage, the detached garage must be used solely for parking of vehicles and limited storage. All flood proofed accessory structures must meet the following additional standards: collapse or lateral movement of the structure and shall be designed to equalize hydrostatic flood forces on exterior walls; (bb) Any mechanical and utility equipment in a structure must be elevated to or above the regulatory flood protection elevation or properly flood proofed; and (cc) To allow for the equalization of hydrostatic pressure, there must be a minimum of two "automatic" openings in the outside walls of the structure having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding. There must be openings on at least two sides of the structure and the bottom of all openings must be no higher than one foot above the lowest adjacent grade to the structure. Using human intervention to open a garage door prior to flooding will not satisfy this requirement for automatic openings. (f) Storage of Materials and Equipment: (1) The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life is Ordinance No. ### 10 DATE r�t6r-ccgc-vry e-c-rircr�e�i z-�cgiiiPrirezrr-ri�vc-ur�Tvr'ccr=rrTeuair`�z crriv=�c'cvrc f the afe . ith the time available after a flood warning and in accordance with a plan approved by the city. (g) Structural werks for flood c , of protected wetlands or public waters shall be subject to the provisions of Minnesota Statute, Chapter 103G. city wide structural works for flood control intended to remove areas from the regulatory flood plain shall not be allowed in the floodway. (h) A levee, dike or floodwall constructed in the floodway shall not cause an increase to the 100 year or regional flood and the techni conveyance or storage loss on both sides of a stream. Subd. 1. Permitted Uses. Permitted uses shall be those uses of land or structures listed as permitted uses in the underlying zoning use district(s). If no pre existing, underlying zoning use districts exist, then any residential or non residential structure or use of a does not constitute a public nuisance. All permitted uses shall comply with the standards for Flood Fringe District "Permitted Uses" listed in Section 826.83, subd. 2, and the "Standards for all Flood Fringe Uses" listed in Section 826.83, subd. 5. (a) All structures, including accessory structures, must be elevated on fill so that the lowest floor including basement floor is at or above the regulatory flood protection elevation. The finished fill elevation for structures shall be no lower than one (1) foot below the regulatory flood protection elevation and the fill shall extend at such elevation at least (15) feet beyond the outside limits of the structure erected thereon. (b) As an alternative to elevation on fill, accessory structures that constitute a minimal investment and that do not exceed 500 square feet at its largest projection may be (c) The cumulative placement of fill where at any one time in excess of one thousand !1 nnnl ..,,1,;c . aras .,-f-;11 ;s l ,. ate of the of rl,all 1.0 �11.,wat4e 0111- , conditional use, unless said fill is specifically intended to elevate a structure in accordance with Section 826.83, subd. 2 (a) of this ordinance. (d) The storage of any materials or equipment shall be elevated on fill to the regulatory flood protection elevation. (e) The provisions of Section 826.83, subd. 5 of this ordinance shall apply. Ordinance No. ### 11 DATE accordance with Section 826.83, subd. 2 (a) (b) and or any use of land that does not comply with the standards in Section 826.83, subd. 2 (c) (d) shall only be allowable as a conditional use. An application for a conditional use shall be subject to the standards and criteria and evaluation procedures specified in Sections 826.83, subd. 1 5, and Section -82-6.01, subd ^ ^f *his ordinance. (a) Alternative elevation methods other than the use of fill may be utilized to elevate a structure's lowest floor above the regulatory flood protection elevation. These alternative methods may include the use , above grade, enclosed areas such as crawl spaces or tuck under garages. The base or floor of an enclosed area shall be considered above grade and not a structure's basement or lowest floor if: 1) the enclosed area is above grade on at least one f3ide of the structure; 2) it is designed to internally flood and is constructed with flood resistant materials; and 3) it is used solely for parking of vehicles, building access or storage. The above noted alternative elevation methods are subject to the following additional standards: (1) Design and Certification The structure's design and as built condition must be certified by a registered professional engineer or architect as being in compliance with the general design standards of the State Building Code and, specifically, that all electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities must be at or above the regulatory flood protection elevation or be designed to prevent flood water from entering or accumulating within these components during times of flooding. (2) Specific Standards for Above grade, Enclosed Areas Above grade, fully enclosed areas such as crawl spaces or tuck under garages must be designed to internally flood and the design plans must stipulate: (aa) A minimum area of openings in the walls where internal flooding is to be used as a flood proofing technique. There shall be a the bottom of all openings shall be no higher than one foot above grade. The automatic openings shall have a minimum net area of not less than one square inch for every square foot subject to flooding unless a registered professional engineer or architect certifies that a smaller net area would suffice. The automatic openings may be equipped with screens, louvers, valves, or other d o idea t� at they r frhit too cute atie entr- , and exit of flood waters without any form of human intervention; Ordinance No. ### 12 DATE (bb) That the enclosed area will be designed of flood resistant materials in accordance rtlrtl}e FP 2 e- F" ^ c�sffTc-atiens-iiitne-Stte Building Code and shall be used solely for building access, parking es or storage. (b) Basements, as defined by Section 826.77, subd. 8 (b) of this ordinance, shall be subject to the following: flood protection elevation. (2) Non residential basements may be allowed below the regulatory flood protection elevation provided the basement is structurally dry flood proofed (c) All areas of non residential structures including basements to be placed below the regulatory flood protection elevation shall be flood proofed in accordance with the structurally dry flood proofing classifications in the State Building Code. Structurally dry flood proofing must meet the FP 1 or FP 2 flood proofing classification in the State Building Code and this shall require making the structure watertight with the walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. Structures flood (d) When at any one time more than 1,000 cubic yards of fill or other similar material is located on a parcel for such activities--as--ex-sit-e-ster-age ing, ns aft gravel operations, landfills, roads, dredge spoil disposal or construction of flood control works, an erosion/sedimentation control plan must be submitted unless the community is enforcing a state approved shoreland management ordinance. In the absence of a state approved shoreland ordinance, the plan must clearly specify methods to be used to stabilize the fill on site for a flood event at a minimum of the 100 year or regional flood event. The plan must be prepared and certified by city council. The plan may incorporate alternative procedures for removal of the material from the flood plain if adequate flood warning time exists. {e) Storage of Materials and Equipment: (1) The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited. Ordinance No. ### 13 DATE '��teruge-orather��te�i-als�e�u��te—allo-we�i-f �e-ad�y�•� �' e f the are ..,ithi the time available after a flood warning and in accordance with a plan approved by the city council. (f) The provisions of Section 826.83, subd. 5 of this ordinance shall also apply. Dzro (a) All new principal structures must have vehicular access at or above an elevation not more than two feet below the regulatory flood protection elevation. If a variance to this requirement is granted, the Board of Adjustment must specify limitations on the period of use or occupancy of the structure for times of flooding and only response procedures exist. However, a permit for such facilities to be used by the employees or the general public shall not be granted in the absence of a flood warning system that provides velocity such that when multiplying the depth (in feet) times velocity (in feet per second) the product number exceeds four upon occurrence of the regional flood. (c) Manufacturing and Industrial Uses measures shall be taken to minimize interference with normal plant operations especially along streams having protracted flood durations. Certain accessory land uses such as yards and parking lots may be at lower elevations subject to requirements set out in Section 826.83, subd. 5 (b) above. In considering permit applications, due consideration shall be given to needs of an industry whose business requires that it be located in flood plain (d) Fill shall be properly compacted and the slopes shall be properly protected by the use of riprap, vegetative cover or other acceptable method. The Federal Emergency Management Agency (FEMA) has established criteria for removing the special flood hazard area designation for certain structures properly elevated on fill above the 100 year flood elevation FEMA's requirements incorporate specific fill compaction and side slope protection standards for multi structure or multi lot developments. These standards should be investigated prior to the initiation of site preparation if a change of special flood hazard area designation will be requested. (e) Flood plain developments shall not adversely affect the hydraulic capacity of the channel and adjoining flood plain of any tributary watercourse or drainage system Wh fe a 4 ,,,a..,�., then o hnie t boor i fte on lie Official Zoning Map. Ordinance No. ### 14 DATE (f) Standards for recreational vehicles are contained in Section 826.88, subd. 3. (g) All manufactured homes must be securely anchored to an adequately anchored foundation system that resists flotation, collapse and lateral movement. Methods of anchoring may include, but are not to be limited to, use of over the top or frame ties to ground anchors. This requirement is in addition to applicable state or local anchoring requirements for resisting wind forces. ub 1 1 Dnrmissihln Uses (a) The uses listed in Section 826.80, subd. 1 of this ordinance shall be permitted uses. Floodway District and Section 826.83 shall apply if the proposed use is in the Flood Fringe District. (a) Upon receipt of an application for a permit or other approval within the General Flood Plain District, the applicant shall be required to furnish such of the following information as is deemed necessary by the zoning administrator for the determination of the regulatory flood protection elevation and whether the (1) A typical valley cross section(s) showing the channel of the stream, elevation of land areas adjoining each side of the channel, cross sectional areas to be occupied by the proposed development, and high water information. (2) Plan (surface view) showing elevations or contours of the ground, pertinent structure, fill, or storage elevations, the size, location, and spatial arrangement of all proposed and existing structures on the site, and the location and elevations of streets. and soil types. (4) Profile showing the slope of the bottom of the channel or flow line of the stream for at least 500 feet in either direction from the proposed development. (b) The applicant shall be responsible to submit one copy of the above information to a designated engineer or other expert person or agency for technical assistance in determining whether the proposed use is in the Floodway or Flood Fringe District and to determine the regulatory flood protection elevation. Procedures consistent with Minnesota Regulations 1983, Parts 6120.5000 6120.6200 and 44 Code of Ordinance No. ### 15 DATE technical evaluation methodology with the respective Department of Natural Resources' Area Hydrologist prior to commencing the analysis. The designated engineer or expert shall: ( 1) Estimate the peals discharge of the regional flood. analysis of the stream channel and overbank areas. (3) Compute the floodway necessary to convey or store the regional flood without increasing flood stages more than 0.5 foot. A lesser stage increase than .5' shall be required if, as a result of the additional stage increase, increased flood damages would result. An equal degree of encroachment on both sides boundaries. (c) The zoning administrator shall present the technical evaluation and findings of the designated engineer or expert to the city council. The city council must formally accept the technical evaluation and the recommended Floodway and/or Flood official action, may submit the application and all supporting data and analyses to the Federal Emergency Management Agency, the Department of Natural Resources or the Planning Commission for review and comment. Once the Floodway and Flood Fringe District Boundaries have been determined, the city council shall refer the matter back to the zoning administrator who shall process the permit application consistent with the applicable provisions of Section 826.80 and 826.83 of this ordinance. Subd. 1. Review Criteria. No land shall be subdivided which is unsuitable for the reason of flooding, inadequate drainage, water supply or sewage treatment facilities. All lots Floodway District at or above the regulatory flood protection elevation. All subdivisions shall have water and sewage treatment facilities that comply with the provisions of this ordinance, and with section 720 Individual Sewage Treatment Standards, and have road below the regulatory flood protection elevation. For all subdivisions in the flood plain, the Floodway and Flood Fringe District boundaries, the regulatory flood protection elevation and the required elevation of all access roads shall be clearly labeled on all required subdivision drawings and platting documents. For rural areas, all areas delineated on a survey or plat as being in the floodplain shall not be considered in the In the General Flood Plain District, applicants shall provide the information required in Ordinance No. ### 16 DATE Floodway and Flood Fringe District boundaries and the regulatory flood protection elevation for the subdivision site. hazard area designation for certain structures properly elevated on fill above the 100 year flood elevation. FEMA's requirements incorporate specific fill compaction and side slope protection standards for multi structure or multi lot developments. These standards flood hazard area designation will be requested. Seetion-82647,Public--Uti-lities—Ra-i-lfeuds ages: Subd. 1. Public Utilities. All public utilities and facilities such as gas, electrical, sewer, and water supply systems to be located in the flood plain shall be flood proofed in accordance with the State Building Code or elevated to above the regulatory flood protection elevation. Subd. 2. Public Transportation Facilities. Railroad tracks, roads, and bridges to be located within the flood plain shall comply with Sections 826.80 and 826.83 of this ordinance. Elevation to the regulatory flood protection elevation shall be provided where failure or interruption of these transportation facilities would result in danger to the where failure or interruption of transportation services would not endanger the public health or safety. eliminate infiltration of flood waters into the systems; and 2) New or replacement on site sewage treatment systems must be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters and they shall not be subject to impairment or contamination during times of flooding. Any sewage treatment system designed in accordance with the State's current statewide standards for on site sewage treatment systems shall be determined to be in compliance with this Section. Subd. 1. New manufactured home parks and expansions to existing manufactured home parks shall be subject to the provisions placed on subdivisions by Section 826.86 of this ordinance. Subd. 2. The placement of new or replacement manufactured homes in existing Ordinance No. ### 17 DATE manufactured home parks or on individual lots of record that are located in flood plain districts will be treated as a new structure and may be placed only if elevated in compliance with Section 826.83 of this ordinance. If vehicular road access for pre existing manufactured home parks is not provided in accordance with Section 826.83, subd. 5 (a) then replacement manufacture owner(s) develops a flood warning emergency plan acceptable to the city council. foundation system that resists flotation, collapse and lateral movement. Methods of anchoring may include, but are not to be limited to, use of over the top or frame ties to ground anchors. This requirement is in addition to applicable state or local anchoring requirements for resisting wind forces. Subd. 3. Recreational vehicles that do not meet the exemption criteria specified in Section (a) below shall be subject to the provisions of this ordinance and as specifically spelled out in Sections (c) and (d) below. (a) Exemption Recreational vehicles are exempt from the provisions of this ordinance if meet the following criteria: (1) Have current licenses required for highway use. (2) Are highway ready meaning on wheels or the internal jacking system, are attached to the site only by quick disconnect type utilities commonly used in campgrounds and recreational vehicle parks and the recreational vehicle has (3) The recreational vehicle and associated use must be permissible in any pre existing, underlying zoning use district. (b) Areas Exempted For Placement of Recreational Vehicles: (1) Individual lots or parcels of record. (2) Existing commercial recreational vehicle parks or campgrounds. (3) Existing condominium type associations. (c) Recreational vehicles exempted in Section 826.88, subd. 3 (a) lose this exemption when development occurs on the parcel exceeding $500 for a structural addition to the recreational vehic' eedif n e cnn for , h ., garage or storage building. The recreational vehicle and all additions and accessory structures will then be treated as a new structure and shall be subject to the elevation/flood proofing requirements and the use of land restrictions specified in Sections 826.80 and 826.83 of this ordinance. There shall be no development or improvement on the parcel or attachment to the recreational vehicle that hinders the removal of the recreational vehicle to a flood free location should flooding occur. (d) New commercial recreational vehicle parks or campgrounds and new residential typo Ordinance No. ### 18 DATE subdivisions and condominium associations and the expansion of any existing similar use exceeding five (5) units or dwelling sites shall be subject to the following: (1) Any new or replacement recreational vehicle will be allowed in the Floodway or Flood Fringe Districts provided said recreational vehicle and its contents are placed on fill above the regulatory flood protection elevation and proper elevated road access to the site exists in accordance with Section 826.83, subd. 5 (a) of this ordinance No fill placed in the floodway to meet the requirements of this Section shall increase flood stages of the 100 year or regional flood. {2) All new or replacement recreational vehicles not meeting the criteria of (1) above may, as an alternative, be allowed as a conditional use if in accordance of the ordinance. The applicant must submit an emergency plan for the safe evacuation of all vehicles and people during the 100 year flood. Said plan shall be prepared by a registered engineer or other qualified individual, shall demonstrate that adequate time and personnel exist to carry out the e�'uccccc ; ••"amrccrm-3iz lzi acmvir.7t�te-the ••{' C cccivirez�. 4 4-va,� (a)(1)art Elina,-e. „ll be, of A11 �tto,,.lant „rl . ,.,ter facilities for new or replacement recreational vehicles must be protected or constructed so as to not be impaired or contaminated during times of flooding in accordance with Section 826.87, subd. 3 of this ordinance. Subd. 1. Zoning Administrator. A zoning administrator or other official designated by the city council shall administer and enforce this ordinance. If the zoning administrator finds a violation of the provisions of this ordinance the zoning administrator shall notify the person responsible for such violation in accordance with the procedures stated in Section 826.95 of the ordinance. {a) Permit Required. A Permit issued by the zoning administrator in conformity with the provisions of this ordinance shall be secure , modification, rehabilitation (including normal maintenance and repair), or alteration of any building, structure, or portion thereof; prior to the use or change the construction of a dam, fence, or on site septic system; prior to the change or extension of a nonconforming use; prior to the repair of a structure that has been damaged by flood, fire, tornado, or any other source; and prior to the placement of fill, excavation of materials, or the storage of materials or equipment within the flood plain. {b) Application for Permit. Application for a permit shall be made in duplicate to the zoning administrator on forms furnished by the zoning administrator and shall Ordinance No. ### 19 DATE include the following where applicable: plans in duplicate drawn to scale, showing the nature, location, dimensions, and elevations of the lot; existing or proposed structures, fill, or storage of materials; and the location of the foregoing (c) State and Federal Permits. Prior to granting a permit or processing an application for a conditional use permit or variance, the zoning administrator shall determine that the applicant has obtained all necessary state and federal permits. (d) Certificate of Zoning Compliance for a New, Altered, or Nonconforming Use. It shall be unlawful to use, occupy, or permit the use or occupancy of any building or premises or part thereof hereafter created, erected, changed, converted, altered, or enlarged in its use or structure until a certificate of zoning compliance shall have been issued by the zoning administrator stating that the use of the building or land conforms to the requirements of this ordinance. (e) Construction and Use to be as Provided on Ap lications Plans Permits Variances and Certificates of Zoning Compliance. Permits, conditional use permits, or applications authorize only the use, arrangement, and construction set forth in construction. Any use, arrangement, or construction at variance with that authorized shall be deemed a violation of this ordinance, and punishable as provided by Section 826.95 of this ordinance. (f) Certification. The applicant shall be required to submit certification by a registered professional engineer, registered architect, or registered land surveyor that the finished fill and building elevations were accomplished in compliance with the .f th ,.� vrdinai�ee�' 1oa�L r, e ,f,, g ri,easures-, l.srrc'r i- ve se is f� registered professional engineer or registered architect. (g) Record of First Floor Elevation. The zoning administrator shall maintain a record of the elevation of the lowest floor (including basement) of all new structures and alterations or additions to existing structures in the flood plain. The zoning administrator shall also maintain a record of the elevation to which structures or alterations and additions to structures are flood proofed. (h) Notifications for Watercourse Alterations. The zoning administrator shall notify, in Department of Natural Resources prior to the city authorizing any alteration or relocation of a watercourse. If the applicant has applied for a permit to work in the beds of public waters pursuant to Minnesota Statute, Chapter 103G, this shall suffice as adequate notice to the Commissioner of Natural Resources. A copy of Ordinance No. ### 20 DATE Federal Emergency Management Agency (FEMA). (i) Notification to FEMA When Physical Changes Increase or Decrease the 100 year Flood Elevation. As soon as is practicable, but not later than six months after the date such supporting information becomes available, the zoning administrator shall notify the Chicago Regional Office of FEMA of the changes by submitting a copy of said technical or scientific data. (a) Rules. The Board of Adjustment shall adopt rules for the conduct of business and may exercise all of the powers conferred on such Boards by State law. (b) Administrative Review. The Board of Adjustment shall hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement or administration of this ordinance. (c) Variances. The Board of Adjustment may authorize upon appeal in specific cases the public interest and only for those circumstances such as hardship, practical difficulties or circumstances unique to the property under consideration, as provided for in the respective enabling legislation for planning and zoning for cities or counties as appropriate. In the granting of such variance, the Board of Adjustment shall clearly identify in writing the specific conditions that existed consistent with the criteria specified in this ordinance, any other zoning regulations in the city, and in the respective enabling legislation that justified the granting of the variance. No variance shall have the effect of allowing in any district uses prohibited in that district, permit a lower degree of flood protection than the regulatory flood protection elevation for the particular area, or permit standards lower than those required by state law. The following additional variance criteria of the Federal Emergency Management Agency must be satisfied: floodway if any increase in flood levels during the base flood discharge would result. (2) Variances shall only be issued by a city upon (i) a showing of good and sufficient cause, (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and (iii) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. Ordinance No. ### 21 DATE (3) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. the zoning administrator, or an application for a variance, the Board of Adjustment shall fix a reasonable time for a hearing and give due notice to the parties in interest as specified by law. The Board of Adjustment shall submit by mail to the Commissioner of Natural Resources a copy of the application for proposed variances sufficiently in advance so that the Commissioner will receive at least ten days notice of the hearing. (e) Decisions. The Board of Adjustment shall arrive at a decision on such appeal or variance within 60 days. In passing upon an appeal, the Board of Adjustment may, so long as such action is in conformity with the provisions of this ordinance, reverse or affirm, wholly or in part, or modify the order, requirement, decision or determination of the zoning administrator or other public official. It shall make its decision in writing setting forth the findings of fact and the reasons for its decisions. In granting a variance the Board of Adjustment may prescribe under which the variance is granted, shall be deemed a violation of this ordinance punishable under Section 826.95. A copy of all decisions granting variances shall be forwarded by mail to the Commissioner of Natural Resources within ten days of such action. (f) Appeals. Appeals from any decision of the Board of Adjustment may be made, and as specified in the city's official controls and also by Minnesota Statutes. (g) Flood Insurance Notice and Record Keeping. The zoning administrator shall notify the a-vice-tliat e;ssuan-c-e-e-f-a-vance-teco-nstfu�� f3tructure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage and 2) Such construction below the 100 year or regional flood level increases risks to life and property. Such notification shall be maintained with a record of all variance actions. A city shall maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its annual or biennial report submitted to the Administrator of the National Flood Insurance Program. Subd. 4. Conditional Uses. The planning commission and city council shall hear and decide applications for conditional uses permissible under this ordinance. Applications shall be submitted to the zoning administrator who shall forward the application to the planning commission and city council for consideration. Ordinance No. ### 22 DATE use permit, the zoning administrator shall submit by mail to the Commissioner of sufficiently in advance so that the Commissioner will receive at least ten days notice of the hearing. (b) Decisions. The planning commission and city council shall arrive at a decision on a conditional use within 60 days. In granting a conditional use permit the planning commission and city council shall prescribe appropriate conditions and safeguards, in addition to those specified in Section 826.91, subd. (4) (f) which are in conformity with the purposes of this ordinance. Violations of such conditions and safeguards, when made a part of the terms under which the conditional use permit is granted, shall be deemed a violation of this ordinance punishable under Section 826.95. A copy of all decisions granting conditional use permits shall be forwarded by mail to the Commissioner of Natural Resources within ten (10) days of such action. (c) Procedures to be followed by the planning commission and city council in Passing on Conditional Use Permit Applications Within all Flood Plain Districts. (1) Require the applicant to furnish such of the following information and additional information as deemed necessary by the zoning administrator for determining the suitability of the particular site for the proposed use: (aa) Plans in triplicate drawn to scale showing the nature, location, dimensions, and elevation of the lot, existing or proposed structures, fill, storage of materials, flood proofing measures, and the relationship of the above to the location of the stream channel; and (bb) Specifications for building construction and materials, flood proofing, filling, dredging, grading, channel improvement, storage of materials, water supply and sanitary facilities. (2) Transmit one copy of the information described in subsection (1) above to a designated engineer or other expert person or agency for technical assistance, where necessary, in evaluating the proposed project in relation to flood heights and velocities, the seriousness of flood damage to the use, the tion, and other technical matters. (3) Based upon the technical evaluation of the designated engineer or expert, the planning commission and city council shall determine the specific flood hazard at the site and evaluate the suitability of the proposed use in relation to the flood hazard. Ordinance No. ### 23 DATE (d) Factors upon which the decision of the city council shall be based. In passing upon {e) consider all relevant factors specified in other sections of this ordinance, and: caused by encroachments. (2) The danger that materials may be swept onto other lands or downstream to the injury of others or they may block bridges, culverts or other hydraulic structures. (3) The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions. (11) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner. (5) The importance of the services provided by the proposed facility to the community. (6) The requirements of the facility for a waterfront location. 7) The aailab lit e lte m,,*e ,,*ions „et b ect to flooding for the proposed use (8) The compatibility of the proposed use with existing development and development anticipated in the foreseeable future. (9) The relationship of the proposed use to the comprehensive plan and flood plain management program for the area. ( 10) The safety of access to the property in times of flood for ordinary and emergency vehicles. the flood waters expected at the site. ( 12) Such other factors which are relevant to the purposes of this ordinance. Time for Acting on Application. The city council shall act on an application in the that where additional information is required pursuant to Section 826.91, subd. I (d) of this ordinance. The city council shall render a written decision within 30 days from the receipt of such additional information. (f) Conditions Attached to Conditional Use Permits. Upon consideration of the factor) listed above and the purpose of this ordinance, the city council_shall attach such conditions to the granting of conditional use permits as it deems necessary to fulfill the purposes of this ordinance. Such conditions may include, but are not limited to, the following: (1) Modification of waste treatment and water supply facilities. (2) Limitations on period of use, occupancy, and operation. Ordinance No. ### 24 DATE (3) Imposition of operational controls, sureties, and deed restrictions. (1) Requirements for construction of channel modifications, compensatory storage, dikes, levees, and other protective measures. (5) Flood proofing measures, in accordance with the State Building Code and this ordinance. The applicant shall submit a plan or document certified by a registered professional engineer or architect that the flood proofing measures flood factors for the particular area. Subd. 1. A structure or the use of a structure or premises which was lawful before the passage or amendment of this ordinance but which is not in conformity with the Historic structures, as defined in Section 826.77, subd. 8 (u) (2) of this ordinance, shall be subject to the provisions of Subsections (a) (e) of Section 826.92, subd. 1. of this ordinance (a) No such use shall be expanded, changed, enlarged, or altered in a way that increases its nonconformity. (b) Any structural alteration or addition to a nonconforming structure or nonconforming use which would result in increasing the flood damage potential of that structure or use shall be protected to the Regulatory Flood Protection Elevation in accordance with any of the elevation on fill or flood proofing techniques (i.e., FP except as further restricted in (c) and (f) below. (c) The cost of any structural alterations or additions to any nonconforming structure over the life of the structure shall not exceed 50 percent of the market value of the structure unless the conditions of this Section are satisfied. The cost of all structural alterations and additions constructed since the adoption of the city's initial flood plain controls must be calculated into today's current cost which will include all costs such as construction materials and a reasonable cost placed on all manpower or labor. If the current cost of all previous and proposed alterations the structure must meet the standards of Section 826.80 or 826.83 of this ordinance for new structures depending upon whether the structure is in the Floodway or Flood Fringe District, respectively. (d) If any nonconforming use is discontinued for 12 consecutive months, any future use of the building premises shall conform to this ordinance. The assessor shall notify the zoning administrator in writing of instances of nonconforming uses that have boor dice ,„rims, f a f , rths Ordinance No. ### 25 DATE (e) If any nonconforming use or structure is substantially damaged, as defined in Section 826.77, subd. 8 (t) of this ordinance, it shall not be reconstructed except in conformity with the provisions of this ordinance. The applicable provisions for establishing new uses or new structures in Sections 826.80, 826.83, and 826.84 will apply depending upon whether the use or structure is in the Floodway, Flood Fringe or General Flood Plain District, respectively. (f) If a substantial improvement occurs, as defined in Section 826.77, subd. 8 (4) of this ordinance, from any combination of a building addition to the outside dimensions of the existing building or a rehabilitation, reconstruction, alteration, or other improvement to the inside dimensions of an existing nonconforming building, then the building addition (as required by Subsection (b) above) and the existing nonconforming building must meet the requirements of Section 826.80 or 826.83 the Floodway or Flood Fringe District, respectively. with grants of variances or conditional uses) shall constitute a misdemeanor and shall be punishable as defined by law. Subd. 2. Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation. Such actions may include but are not limited to: (a) In responding to a suspected ordinance violation, the zoning administrator and city council may utilize the full array of enforcement actions available to it including but not limited to prosecution and fines, injunctions, after the fact permits, orders for corrective measures or a request to the National Flood Insurance Program for denial of41- e€ nc- av'crilal iTL,�C�t�incrst--aet-iff good faith to enforce these official controls and to correct ordinance violations to the extent possible so as not to jeopardize its eligibility in the National Flood Insurance Program. (b) When an ordinance violation is either discovered by or brought to the attention of the zoning administrator, the zoning administrator shall immediately investigate the situation and document the nature and extent of the violation of the official control. As soon as is reasonably possible, this information will be submitted to the appropriate Department of Natural Resources' and Federal Emergency Management Agency regional office along with the city's plan of action to correct the violation to the degree possible. (c) The zoning administrator shall notify the suspected party of the requirements of this Ordinance No. ### 26 DATE violation of these controls. If the structure and/or use is under construction or development, the zoning administrator may order the construction or development immediately halted until a proper permit or approval is granted by the city. If the construction or development is already completed, then the zoning administrator may either: (1) issue an order identifying the corrective actions that must be made within a specified time period to bring the use or structure into compliance with the official controls; or (2) notify the responsible party to apply for an after the fact permit/development approval within a specified period of time not to exceed 30 days. (d) If the responsible party does not appropriately respond to the zoning administrator within the specified period of time, each additional day that lapses shall constitute an additional violation of this ordinance and shall be prosecuted accordingly. The zoning administrator shall also upon the lapse of the specified response period notify the landowner to restore the land to the condition which existed prior to the violation of this ordinance. Section 826.97. Amendments. The flood plain designation on the official zoning map shall not be removed from flood plain areas unless it can be shown that the designation is in error or that the area has been filled to or above the elevation of the regulatory flood protection elevation and is contiguous to lands outside the flood plain. Special exceptions to this rule may be permitted by the Commissioner of Natural Resources if he determines that, through other measures, lands are adequately protected for the intended use. All amendments to this ordinance, including amendments to the official zoning map, must be submitted to and approved by the commissioner of natural resources prior to adoption. Changes in the official zoning map must meet the Federal Emergency Management Agency's (FEMA) technical conditions and criteria and must receive prior FEMA approval before adoption. The Commissioner of Natural Resources must be given 10 days written notice of all hearings to consider an amendment to this ordinance and said notice shall include a draft of the ordinance amendment or technical study under consideration. Ordinance No. ### 27 DATE SECTION II. New sections 826.74 through 826.97 are added to the code of ordinances of the city of Medina, replacing the language deleted in Section I above, as follows: Section 826.74. Floodplain Management Subd. 1. Statutory Authorization, Findings of Fact and Purpose. (a) The legislature of the State of Minnesota has, in Minnesota Statutes Chapter 103F and Chapter 462 delegated the responsibility to local government units to adopt regulations designed to minimize flood losses. (b) Purpose: (1) This ordinance regulates development in the flood hazard areas of the City of Medina. These flood hazard areas are subject to periodic inundation, which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base. It is the purpose of this ordinance to promote the public health, safety, and general welfare by minimizing these losses and disruptions. (2) National Flood Insurance Program Compliance. This ordinance is adopted to comply with the rules and regulations of the National Flood Insurance Program codified as 44 Code of Federal Regulations Parts 59 -78, as amended, so as to maintain the community's eligibility in the National Flood Insurance Program. (3) This ordinance is also intended to preserve the natural characteristics and functions of watercourses and floodplains in order to moderate flood and stormwater impacts, improve water quality, reduce soil erosion, protect aquatic and riparian habitat, provide recreational opportunities, provide aesthetic benefits and enhance community and economic development. Subd. 2. General Provisions (a) How to Use This Ordinance: This ordinance adopts the floodplain maps applicable to the City and includes three floodplain districts: Floodway, Flood Fringe, and General Floodplain. (1) Where Floodway and Flood Fringe districts are delineated on the floodplain maps, the standards in Subd. 4 or 5 will apply, depending on the location of a property. (2) Locations where Floodway and Flood Fringe districts are not delineated on the floodplain maps are considered to fall within the General Floodplain district. Within the General Floodplain district, the Floodway District standards in Subd. 4 apply unless the floodway boundary is determined, according to the process outlined in Subd. 6. Once the floodway boundary is determined, the Flood Fringe District standards in Subd. 5 may apply outside the floodway. (b) Lands to Which Ordinance Applies: This ordinance applies to all lands within the jurisdiction of the City shown on the Official Zoning Map and/or the Ordinance No. ### 28 DATE attachments to the map as being located within the boundaries of the Floodway, Flood Fringe, or General Floodplain Districts. The Floodway, Flood Fringe and General Floodplain Districts are overlay districts that are superimposed on all existing zoning districts. The standards imposed in the overlay districts are in addition to any other requirements in this ordinance. In case of a conflict, the more restrictive standards will apply. (c) Incorporation of Maps by Reference: The following maps together with all attached material are hereby adopted by reference and declared to be a part of the Official Zoning Map and this ordinance. The attached material includes the Flood Insurance Study for Hennepin County, Minnesota, and Incorporated Areas, dated November 4, 2016 and the Flood Insurance Rate Map panels enumerated below, dated November 4, 2016, all prepared by the Federal Emergency Management Agency. These materials are on file in City Hall. Effective Flood Insurance Rate Map panels: 27053C0134F, 27053C0142F, 27053C0144F, 27053C0153F, 27053C0154F, 27053C0158F, 27053C0159F, 27053C0165F, 27053C0166F, 27053C0167F, 27053C0168F, 27053C0169F, 27053C0302F, 27053C0306F, 27053C0307F. (d) Regulatory Flood Protection Elevation: The regulatory flood protection elevation (RFPE) is an elevation no lower than one foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the floodplain that result from designation of a floodway. (e) Interpretation: The boundaries of the zoning districts are determined by scaling distances on the Flood Insurance Rate Map. (1) Where a conflict exists between the floodplain limits illustrated on the official zoning map and actual field conditions, the flood elevations shall be the governing factor. The Zoning Administrator must interpret the boundary location based on the ground elevations that existed on the site on the date of the first National Flood Insurance Program map showing the area within the regulatory floodplain, and other available technical data. (2) Persons contesting the location of the district boundaries will be given a reasonable opportunity to present their case to the Board of Adjustment and to submit technical evidence. (f) Abrogation and Greater Restrictions: It is not intended by this ordinance to repeal, abrogate, or impair any existing easements, covenants, or other private agreements. However, where this ordinance imposes greater restrictions, the provisions of this ordinance prevail. All other ordinances inconsistent with this ordinance are hereby repealed to the extent of the inconsistency only. (g) Warning and Disclaimer of Liability: This ordinance does not imply that areas outside the floodplain districts or land uses permitted within such districts will be free from flooding or flood damages. This ordinance does not create liability on the part of the City or its officers or employees for any flood damages that result Ordinance No. ### 29 DATE from reliance on this ordinance or any administrative decision lawfully made hereunder. Severability: If any section, clause, provision, or portion of this ordinance is adjudged unconstitutional or invalid by a court of law, the remainder of this ordinance shall not be affected and shall remain in full force. Definitions: For the sake of Section 826.74, the following terms shall have the meanings ascribed to them. Unless specifically defined below, words or phrases used in this ordinance must be interpreted according to common usage and so as to give this ordinance its most reasonable application. (1) Accessory Use or Structure — a use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure. (2) Base Flood Elevation — The elevation of the "regional flood." The term "base flood elevation" is used in the flood insurance survey. (3) Basement — any area of a structure, including crawl spaces, having its floor or base subgrade (below ground level) on all four sides, regardless of the depth of excavation below ground level. (4) Conditional Use — a specific type of structure or land use listed in the official control that may be allowed but only after an in-depth review procedure and with appropriate conditions or restrictions as provided in the official zoning controls or building codes and upon a finding that: (i) Certain conditions as detailed in the zoning ordinance exist. (ii) The structure and/or land use conform to the comprehensive land use plan if one exists and are compatible with the existing neighborhood. (5) Critical Facilities — facilities necessary to a community's public health and safety, those that store or produce highly volatile, toxic or water - reactive materials, and those that house occupants that may be insufficiently mobile to avoid loss of life or injury. Examples of critical facilities include hospitals, correctional facilities, schools, daycare facilities, nursing homes, fire and police stations, wastewater treatment facilities, public electric utilities, water plants, fuel storage facilities, and waste handling and storage facilities. (6) Development — any manmade change to improved or unimproved real estate, including buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials. (7) Equal Degree of Encroachment — a method of determining the location of floodway boundaries so that floodplain lands on both sides of a stream are capable of conveying a proportionate share of flood flows. (8) Farm Fence — A fence as defined by Minn. Statutes Section 344.02, Subd. 1(a)-(d). An open type fence of posts and wire is not considered to be a structure under this ordinance. Fences that have the potential to obstruct Ordinance No. ### 30 DATE flood flows, such as chain link fences and rigid walls, are regulated as structures under this ordinance. (9) Flood — a temporary increase in the flow or stage of a stream or in the stage of a wetland or lake that results in the inundation of normally dry areas. (10) Flood Frequency — the frequency for which it is expected that a specific flood stage or discharge may be equaled or exceeded. (11) Flood Fringe — the portion of the Special Flood Hazard Area (one percent annual chance flood) located outside of the floodway. Flood fringe is synonymous with the term "floodway fringe" used in the Flood Insurance Study for Hennepin County, Minnesota. (12) Flood Insurance Rate Map - an official map on which the Federal Insurance Administrator has delineated both the special hazard areas and the risk premium zones applicable to the community. A FIRM that has been made available digitally is called a Digital Flood Insurance Rate Map (DFIRM). (13) Flood Prone Area — any land susceptible to being inundated by water from any source (see "Flood"). (14) Floodplain — the beds proper and the areas adjoining a wetland, lake or watercourse which have been or hereafter may be covered by the regional flood. (15) Floodproofing — a combination of structural provisions, changes, or adjustments to properties and structures subject to flooding, primarily for the reduction or elimination of flood damages. (16) Floodway — the bed of a wetland or lake and the channel of a watercourse and those portions of the adjoining floodplain which are reasonably required to carry or store the regional flood discharge. (17) Lowest Floor — the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, used solely for parking of vehicles, building access, or storage in an area other than a basement area, is not considered a building's lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable non -elevation design requirements of 44 Code of Federal Regulations, Part 60.3. (18) Manufactured Home — a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include the term "recreational vehicle." (19) New Construction - Structures, including additions and improvements, and placement of manufactured homes, for which the start of construction commenced on or after the effective date of this ordinance. Ordinance No. ### 31 DATE (20) Obstruction — any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel modification, culvert, building, wire, fence, stockpile, refuse, fill, structure, or matter in, along, across, or projecting into any channel, watercourse, or regulatory floodplain which may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water. (21) One Hundred Year Floodplain — lands inundated by the "Regional Flood" (see definition). (22) Principal Use or Structure — all uses or structures that are not accessory uses or structures. (23) Reach — a hydraulic engineering term to describe a longitudinal segment of a stream or river influenced by a natural or man-made obstruction. In an urban area, the segment of a stream or river between two consecutive bridge crossings would most typically constitute a reach. (24) Recreational Vehicle — a vehicle that is built on a single chassis, is 400 square feet or less when measured at the largest horizontal projection, is designed to be self-propelled or permanently towable by a light duty truck, and is designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. For the purposes of this ordinance, the term recreational vehicle is synonymous with the term "travel trailer/travel vehicle." (25) Regional Flood — a flood which is representative of large floods known to have occurred generally in Minnesota and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of the 1 % chance or 100-year recurrence interval. Regional flood is synonymous with the term "base flood" used in a flood insurance study. (26) Regulatory Flood Protection Elevation (RFPE) - an elevation not less than one foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the floodplain that result from designation of a floodway. (27) Repetitive Loss: Flood related damages sustained by a structure on two separate occasions during a ten year period for which the cost of repairs at the time of each such flood event on the average equals or exceeds 25% of the market value of the structure before the damage occurred. (28) Special Flood Hazard Area — a term used for flood insurance purposes synonymous with "One Hundred Year Floodplain." (29) Start of Construction — includes substantial improvement, and means the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement that occurred before the permit's expiration date. The actual start is either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured Ordinance No. ### 32 DATE home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, foundations, or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. (30) Structure - anything constructed or erected on the ground or attached to the ground or on -site utilities, including, but not limited to, buildings, factories, sheds, detached garages, cabins, manufactured homes, recreational vehicles and other similar items. (31) Substantial Damage - means damage of any origin sustained by a structure where the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. (32) Substantial Improvement - within any consecutive 365-day period, any reconstruction, rehabilitation (including normal maintenance and repair), repair after damage, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures that have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either: (i) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions. (ii) Any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure." For the purpose of this ordinance, "historic structure" is as defined in 44 Code of Federal Regulations, Part 59.1. (1) Annexations: The Flood Insurance Rate Map panels adopted by reference into Subd. 2(c) above may include floodplain areas that lie outside of the corporate boundaries of the City at the time of adoption of this ordinance. If any of these floodplain land areas are annexed into the City after the date of adoption of this ordinance, the newly annexed floodplain lands will be subject to the provisions of this ordinance immediately upon the date of annexation. Ordinance No. ### 33 DATE Subd. 3. Establishment of Zoning Districts (a) Districts: (1) Floodway District. The Floodway District includes those areas within Zones AE that have a floodway delineated as shown on the Flood Insurance Rate Map adopted in Subd. 2(c). For lakes, wetlands and other basins within Zones AE that do not have a floodway delineated, the Floodway District also includes those areas that are at or below the ordinary high water level as defined in Minnesota Statutes, Section 103G.005, subdivision 14. (2) Flood Fringe District. The Flood Fringe District includes areas within Zones AE that have a floodway delineated on the Flood Insurance Rate Map adopted in Subd. 2(c), but are located outside of the floodway. For lakes, wetlands and other basins within Zones AE that do not have a floodway delineated, the Flood Fringe District also includes those areas below the 1% annual chance (100-year) flood elevation but above the ordinary high water level as defined in Minnesota Statutes, Section 103G.005, subdivision 14. (3) General Floodplain District. The General Floodplain District includes those areas within Zones A or AE that do not have a delineated floodway as shown on the Flood Insurance Rate Map adopted in Subd. 2(c). (b) Applicability: Within the floodplain districts established in this ordinance, the use, size, type and location of development must comply with the terms of this ordinance and other applicable regulations. In no cases shall floodplain development adversely affect the efficiency or unduly restrict the capacity of the channels or floodways of any tributaries to the main stream, drainage ditches, or any other drainage facilities or systems. All uses not listed as permitted uses or conditional uses in Subd. 4(a), Subd. 5(a) and Subd. 6(a) are prohibited. In addition, critical facilities, as defined in Subd. 2(i), are prohibited in all floodplain districts. Subd. 4. Floodway District (FW) (a) Permitted Uses: The following uses, subject to the standards set forth in Subd. 4(b), are permitted uses if otherwise allowed in the underlying zoning district or any applicable overlay district: (1) General farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming, and wild crop harvesting. (2) Industrial -commercial loading areas, parking areas, and airport landing strips. (3) Open space uses, including but not limited to private and public golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, hunting and fishing areas, and single or multiple purpose recreational trails. Ordinance No. ### 34 DATE (4) Residential lawns, gardens, parking areas, and play areas. (5) Railroads, streets, bridges, utility transmission lines and pipelines, provided that the Department of Natural Resources' Area Hydrologist is notified at least ten days prior to issuance of any permit. (b) Standards for Floodway Permitted Uses: (1) The use must have a low flood damage potential. (2) The use must not obstruct flood flows or cause any increase in flood elevations and must not involve structures, obstructions, or storage of materials or equipment. (3) Any facility that will be used by employees or the general public must be designed with a flood warning system that provides adequate time for evacuation if the area is inundated to a depth and velocity such that the depth (in feet) multiplied by the velocity (in feet per second) would exceed a product of four upon occurrence of the regional (1% chance) flood. (c) Conditional Uses: The following uses may be allowed as conditional uses following the standards and procedures set forth in Subd. 10(d) of this ordinance and further subject to the standards set forth in Subd. 4(d), if otherwise allowed in the underlying zoning district or any applicable overlay district. (1) Structures accessory to the uses listed in Subd. 4(a)(1) through Subd. 4(a)(3) above and the uses listed in Subd. 4(c)(2) and Subd. 4(c)(3) below. (2) Extraction and storage of sand, gravel, and other materials. (3) Marinas, boat rentals, docks, piers, wharves, and water control structures. tt Storage yards for equipment, machinery, or materials. (4) Placement of fill or construction of fences that obstruct flood flows. Farm fences, as defined in section Subd.2(i)(8), are permitted uses. tt Travel ready recreational vehicles meeting the exception standards in Subd. 9. (5) Levees or dikes intended to protect agricultural crops for a frequency flood event equal to or less than the 10-year frequency flood event. (d) Standards for Floodway Conditional Uses: (1) All Uses. A conditional use must not cause any increase in the stage of the 1 % chance or regional flood or cause an increase in flood damages in the reach or reaches affected. (2) Fill; Storage of Materials and Equipment: (0 The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited. (ii) Fill, dredge spoil, and other similar materials deposited or stored in the floodplain must be protected from erosion by vegetative cover, mulching, riprap or other acceptable method. Permanent sand and gravel operations and similar uses must be covered by a long-term site development plan. Ordinance No. ### 35 DATE 1t Temporary placement of fill, other materials, or equipment which would cause an increase to the stage of the 1 % percent chance or regional flood may only be allowed if the City Council has approved a plan that assures removal of the materials from the floodway based upon the flood warning time available. 1t Accessory Structures. Accessory structures, as identified in Subd. 4 (c)(1) may be permitted, provided that: 0) structures are not intended for human habitation; structures will have a low flood damage potential; (iii) structures will be constructed an placed so as to offer a minimal obstruction to the flow of flood waters; (iv} Service utilities, such as electrical and heating equipment, within these structures must be elevated to or above the regulatory flood protection elevation or properly floodproofed; (v) Structures must be elevated on fill or structurally dry floodproofed in accordance with the FP1 or FP2 floodproofing classifications in the State Building Code. All floodproofed structures must be adequately anchored to prevent flotation, collapse or lateral movement and designed to equalize hydrostatic flood forces on exterior walls. (vi) As an alternative, an accessory structure may be internally/wet floodproofed to the FP3 or FP4 floodproofing classifications in the State Building Code, provided the accessory structure constitutes a minimal investment and does not exceed 576 square feet in size. Designs for meeting this requirement must either be certified by a registered professional engineer or meet or exceed the following criteria: A, To allow for the equalization of hydrostatic pressure, there must be a minimum of two "automatic" openings in the outside walls of the structure, with a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; and B There must be openings on at least two sides of the structure and the bottom of all openings must be no higher than one foot above the lowest adjacent grade to the structure. Using human intervention to open a garage door prior to flooding will not satisfy this requirement for automatic openings. (3) Structural works for flood control that will change the course, current or cross section of protected wetlands or public waters arc subject to the provisions of Minnesota Statutes, Section 103G.245. (4) A levee, dike or floodwall constructed in the floodway must not cause an increase to the 1 % chance or regional flood. The technical analysis must assume equal conveyance or storage loss on both sides of a stream. Ordinance No. ### 36 DATE (5) Floodway developments must not adversely affect the hydraulic capacity of the channel and adjoining floodplain of any tributary watercourse or drainage system. Subd. 5. Flood Fringe District (FF) (a) Permitted Uses: Permitted uses are those uses of land or structures allowed in the underlying zoning district(s) that comply with the standards in Subd. 5(b). (b) Standards for Flood Fringe Permitted Uses: (1) All structures, including accessory structures, must be elevated on fill so that the lowest floor, as defined, is at or above the regulatory flood protection elevation. The finished fill elevation for structures must be no lower than one foot below the regulatory flood protection elevation and the fill must extend at the same elevation at least 15 feet beyond the outside limits of the structure. (2) Accessory Structures. As an alternative to the fill requirements of Subd. 5(b)(1), structures accessory to the uses identified in Subd. 5(a) may be permitted to be internally/wet floodproofed to the FP3 or FP4 floodproofing classifications in the State Building Code, provided that: (i) the accessory structure constitutes a minimal investment, does not exceed 576 square feet in size, and is only used for parking and storage. (ii) All portions of floodproofed accessory structures below the Regulatory Flood Protection Elevation must be: (i) adequately anchored to prevent flotation, collapse or lateral movement and designed to equalize hydrostatic flood forces on exterior walls, (ii) be constructed with materials resistant to flood damage, and (iii) must have all service utilities be water -tight or elevated to above the regulatory flood protection elevation (iii) Designs for meeting this requirement must either be certified by a registered professional engineer or meet or exceed the following criteria: A. To allow for the equalization of hydrostatic pressure, there must be a minimum of two "automatic" openings in the outside walls of the structure, with a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; and B. There must be openings on at least two sides of the structure and the bottom of all openings must be no higher than one foot above the lowest adjacent grade to the structure. Using human intervention to open a garage door prior to flooding will not satisfy this requirement for automatic openings. The cumulative placement of fill or similar material on a parcel must not exceed 1,000 cubic yards, unless the fill is specifically intended to elevate (3) Ordinance No. ### 37 DATE a structure in accordance with Subd. 5(b)(1) of this ordinance, or if allowed as a conditional use under Subd. 5(c)(3) below. (4) The storage of any materials or equipment must be elevated on fill to the regulatory flood protection elevation. (5) All service utilities, including ductwork, must be elevated or water -tight to prevent infiltration of floodwaters. (6) The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited. (7) All fill must be properly compacted and the slopes must be properly protected by the use of riprap, vegetative cover or other acceptable method. (8) All new principal structures must have vehicular access at or above an elevation not more than two feet below the regulatory flood protection elevation, or must have a flood warning /emergency evacuation plan acceptable to the City Council. (9) Accessory uses such as yards, railroad tracks, and parking lots may be at an elevation lower than the regulatory flood protection elevation. However, any facilities used by employees or the general public must be designed with a flood warning system that provides adequate time for evacuation if the area is inundated to a depth and velocity such that the depth (in feet) multiplied by the velocity (in feet per second) would exceed a product of four upon occurrence of the regional (1% chance) flood. (10) Interference with normal manufacturing/industrial plant operations must be minimized, especially along streams having protracted flood durations. In considering permit applications, due consideration must be given to the needs of industries with operations that require a floodplain location. if Manufactured homes and recreational vehicles must meet the standards of Subd. 9 of this ordinance. (c) Conditional Uses: The following uses and activities may be allowed as conditional uses, if allowed in the underlying zoning district(s) or any applicable overlay district, following the procedures in Subd. 10(d) of this ordinance. It Any structure that is not elevated on fill or floodproofed in accordance with Subd. 5(b)(1) and Subd. 5(b)(2) of this ordinance. (1) Storage of any material or equipment below the regulatory flood protection elevation. (2) The cumulative placement of more than 1,000 cubic yards of fill when the fill is not being used to elevate a structure in accordance with Subd. 5(b)(1) of this ordinance. It (OPTIONAL) The use of methods to elevate structures above the Ordinance No. ### 38 DATE walls, or above grade, enclosed areas such as crawl spaces or tuck under (d) Standards for Flood Fringe Conditional Uses (1) The standards listed in Subd. 5(b)(4) through Subd. 5(b)(10) apply to all conditional uses. tf Basements, as defined by Subd. 2(i) of this ordinance, arc subject to the following: Residential basement construction is not allowed below the regulatory flood protection elevation. Non residential basements may be allowed below the regulatory flood protection elevation provided the basement is structurally dry floodproofed in accordance with Section 5.43 of this ordinance. 1t All areas of nonresidential structures, including basements, to be placed below the regulatory flood protection elevation must be floodproofed in accordance with the structurally dry floodproofing classifications in the State Building Code. Structurally dry floodproofing must meet the FP 1 or FP2 floodproofing classification in the State Building Code, which requires malting the structure watertight with the walls substantially impermeuble to the passage of water and with structural components capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. (2) The placement of more than 1,000 cubic yards of fill or other similar material on a parcel (other than for the purpose of elevating a structure to the regulatory flood protection elevation) must comply with an approved erosion/sedimentation control plan. i. The plan must clearly specify methods to be used to stabilize the fill on site for a flood event at a minimum of the regional (1 % chance) flood event. ii. The plan must be prepared and certified by a registered professional engineer or other qualified individual acceptable to the City Council. The plan may incorporate alternative procedures for removal of the material from the floodplain if adequate flood warning time exists. (3) Storage of materials and equipment below the regulatory flood protection elevation must comply with an approved emergency plan providing for removal of such materials within the time available after a flood warning. # (OPTIONAL) Alternative elevation methods other than the use of fill may be utilized to elevate a structure's lowest floor above the regulatory flood protection elevation. The base or floor of an enclosed area shall be considered above grade and not a structure's basement or lowest floor if: 1) the enclosed area is above grade on at least one side of the structure; 2) Ordinance No. ### 39 DATE it is designed to internally flood and is constructed with flood resistant materials; and 3) it is used solely f r p r'Eing of vehicles, building access or storage. The above noted alternative elevation methods are subject to the following additional standards: Design and Certification The structure's design and as built condition must be certified by a registered professional engineer as being in compliance with the general design standards of the State Building Code and, specifically, that all electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities must be at or above the regulatory flood protection elevation or be designed to prevent flood water from entering or accumulating within these components during times of flooding. Specific Standards for Above grade, Enclosed Areas Above grade, fully enclosed areas such as crawl spaces or tuck under garages must be designed to internally flood and the design plans must stipulate: 4, The minimum ar-a of openings in the walls where internal flooding is to be used as a floodproofing technique. There shall be a minimum of two openings on at least two sides of the structure and the bottom of all openings shall be no higher than one foot above grade. The automatic openings shall have a minimum net area of not less than one square inch for every square foot of enclosed area subject to flooding unless a registered professional engineer or architect certifies that a smaller net area would suffice. The automatic openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of flood waters without any form of human intervention; and That the enclosed area will be designed of flood resistant materials in accordance with the FP3 or FP4 classifications in the State Building Code and shall be used solely for building access, parking of vehicles or storage. Subd. 6. General Floodplain District (GF) (a) Permitted Uses: (1) The uses listed in Subd. 4(a) of this ordinance, Floodway District Permitted Uses, are permitted uses. (2) All other uses are subject to the floodway/flood fringe evaluation criteria specified in Subd. 6(b) below. Subd. 4 applies if the proposed use is determined to be in the Floodway District. Subd. 5 applies if the proposed use is determined to be in the Flood Fringe District. (b) Procedures for Floodway and Flood Fringe Determinations Ordinance No. ### 40 DATE (1) Upon receipt of an application for a permit or other approval within the General Floodplain District, the Zoning Administrator must obtain, review and reasonably utilize any regional flood elevation and floodway data available from a federal, state, or other source. (2) If regional flood elevation and floodway data are not readily available, the applicant must furnish additional information, as needed, to determine the regulatory flood protection elevation and whether the proposed use would fall within the Floodway or Flood Fringe District. Information must be consistent with accepted hydrological and hydraulic engineering standards and the standards in Subd. 6(b)(3) below. (3) The determination of floodway and flood fringe must include the following components, as applicable: (i) Estimate the peak discharge of the regional (1% chance) flood. (ii) Calculate the water surface profile of the regional flood based upon a hydraulic analysis of the stream channel and overbank areas. (iii) Compute the floodway necessary to convey or store the regional flood without increasing flood stages more than one-half (0.5) foot. A lesser stage increase than 0.5 foot is required if, as a result of the stage increase, increased flood damages would result. An equal degree of encroachment on both sides of the stream within the reach must be assumed in computing floodway boundaries. (4) The Zoning Administrator will review the submitted information and assess the technical evaluation and the recommended Floodway and/or Flood Fringe District boundary. The assessment must include the cumulative effects of previous floodway encroachments. The Zoning Administrator may seek technical assistance from a designated engineer or other expert person or agency, including the Department of Natural Resources. Based on this assessment, the Zoning Administrator may approve or deny the application. (5) Once the Floodway and Flood Fringe District boundaries have been determined, the Zoning Administrator must process the permit application consistent with the applicable provisions of Subd. 4 and Subd. 5 of this ordinance Subd. 7. Land Development Standards tt In general: Recognizing that flood prone areas may exist outside of the designated floodplain districts, the requirements of this section apply to all land within the City. No land may be subdivided which is unsuitable for reasons of flooding or inadequate drainage, water supply or sewage treatment facilities. Manufactured home parks and recreational vehicle parks or campgrounds are considered subdivisions under this ordinance. (a) All lots within the floodplain districts must be able to contain a building site outside of the Floodway District at or above the regulatory flood protection elevation. Ordinance No. ### 41 DATE (b) All subdivisions must have road access both to the subdivision and to the individual building sites no lower than two feet below the regulatory flood protection elevation, unless a flood warning emergency plan for the safe evacuation of all vehicles and people during the regional (1 % chance) flood has been approved by the City Council. The plan must be prepared by a registered engineer or other qualified individual, and must demonstrate that adequate time and personnel exist to carry out the evacuation. (c) For all subdivisions in the floodplain, the Floodway and Flood Fringe District boundaries, the regulatory flood protection elevation and the required elevation of all access roads must be clearly labeled on all required subdivision drawings and platting documents. (d) In the General Floodplain District, applicants must provide the information required in Subd. 6(b) of this ordinance to determine the regional flood elevation, the Floodway and Flood Fringe District boundaries and the regulatory flood protection elevation for the subdivision site. (e) If a subdivision proposal or other proposed new development is in a flood prone area, any such proposal must be reviewed to assure that: (1) All such proposals are consistent with the need to minimize flood damage within the flood prone area, (2) All public utilities and facilities, such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damage, and (3) Adequate drainage is provided to reduce exposure of flood hazard. (f) Building Sites. If a proposed building site is in a flood prone area, all new construction and substantial improvements (including the placement of manufactured homes) must be: (1) Designed (or modified) and adequately anchored to prevent floatation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy; (2) Constructed with materials and utility equipment resistant to flood damage; (3) Constructed by methods and practices that minimize flood damage; and (4) Constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. Subd. 8. Public Utilities, Railroads, Roads, and Bridges (a) Public Utilities: All public utilities and facilities such as gas, electrical, sewer, and water supply systems to be located in the floodplain must be floodproofed in accordance with the State Building Code or elevated to the regulatory flood protection elevation. (b) Public Transportation Facilities: Railroad tracks, roads, and bridges to be located within the floodplain must comply with Subd. 4 and Subd. 5 of this ordinance. These transportation facilities must be elevated to the regulatory flood protection Ordinance No. ### 42 DATE elevation where failure or interruption of these facilities would result in danger to the public health or safety or where such facilities are essential to the orderly functioning of the area. Minor or auxiliary roads or railroads may be constructed at a lower elevation where failure or interruption of transportation services would not endanger the public health or safety. (c) On -site Water Supply and Sewage Treatment Systems: Where public utilities are not provided: 1) On -site water supply systems must be designed to minimize or eliminate infiltration of flood waters into the systems and are subject to the provisions in Minnesota Rules Chapter 4725.4350, as amended; and 2) New or replacement on -site sewage treatment systems must be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters, they must not be subject to impairment or contamination during times of flooding, and are subject to the provisions in Minnesota Rules Chapter 7080.2270, as amended. Subd. 9. Manufactured Homes, Manufactured Home Parks, and Recreational Vehicles (a) Manufactured Homes: New manufactured home parks and expansions to existing manufactured home parks are prohibited in any floodplain district. For existing manufactured home parks or lots of record, placement or replacement of manufactured home units is prohibited in any floodplain district. (b) Recreational Vehicles: New recreational vehicle parks or campgrounds and expansions to existing recreational vehicle parks or campgrounds are prohibited in any floodplain district. Placement of recreational vehicles is prohibited in any floodplain district. Subd. 10. Administration (a) The Zoning Administrator is hereby designated by the City Council to administer and enforce this ordinance. (b) Permit Requirements: (1) Permit Required. A permit must be obtained from the Zoning Administrator prior to conducting the following activities: (i) The erection, addition, modification, rehabilitation, or alteration of any building, structure, or portion thereof. Normal maintenance and repair also requires a permit if such work, separately or in conjunction with other planned work, constitutes a substantial improvement as defined in this ordinance (ii) The use or change of use of a building, structure, or land. (iii) The construction of a dam, fence, or on -site septic system, although a permit is not required for a farm fence as defined in this ordinance (iv) The change or extension of a nonconforming use. (v) The repair of a structure that has been damaged by flood, fire, tornado, or any other source. (vi) The placement of fill, excavation of materials, or the storage of materials or equipment within the floodplain. Ordinance No. ### 43 DATE (vii) Relocation or alteration of a watercourse (including new or replacement culverts and bridges), unless a public waters work permit has been applied for. (viii) Any other type of "development" as defined in this ordinance. (2) Application for Permit. Permit applications must be submitted to the Zoning Administrator on forms provided by the Zoning Administrator. The permit application must include the following as applicable: (i) A site plan showing all pertinent dimensions, existing or proposed buildings, structures, and significant natural features having an influence on the permit. (ii) Location of fill or storage of materials in relation to the stream channel. (iii) Copies of any required municipal, county, state or federal permits or approvals. (iv) Other relevant information requested by the Zoning Administrator as necessary to properly evaluate the permit application. (3) Certificate of Zoning Compliance for a New, Altered, or Nonconforming Use. No building, land or structure may be occupied or used in any manner until a certificate of zoning compliance has been issued by the Zoning Administrator stating that the use of the building or land conforms to the requirements of this ordinance. (4) Certification. The applicant is required to submit certification by a registered professional engineer, registered architect, or registered land surveyor that the finished fill and building elevations were accomplished in compliance with the provisions of this ordinance. Floodproofing measures must be certified by a registered professional engineer or registered architect. (5) Record of First Floor Elevation. The Zoning Administrator must maintain a record of the elevation of the lowest floor (including basement) of all new structures and alterations or additions to existing structures in the floodplain. The Zoning Administrator must also maintain a record of the elevation to which structures and alterations or additions to structures are floodproofed. (6) Notifications for Watercourse Alterations. Before authorizing any alteration or relocation of a river or stream, the Zoning Administrator must notify adjacent communities. If the applicant has applied for a permit to work in public waters pursuant to Minnesota Statutes, Section 103G.245, this will suffice as adequate notice. A copy of the notification must also be submitted to the Chicago Regional Office of the Federal Emergency Management Agency (FEMA). (7) Notification to FEMA When Physical Changes Increase or Decrease Base Flood Elevations. As soon as is practicable, but not later than six months after the date such supporting information becomes available, the Zoning Ordinance No. ### 44 DATE Administrator must notify the Chicago Regional Office of FEMA of the changes by submitting a copy of the relevant technical or scientific data. (c) Variances: (1) Variance Applications. An application for a variance to the provisions of this ordinance will be processed and reviewed in accordance with applicable state statutes and Section 825.45 of the city code. (2) Adherence to State Floodplain Management Standards. A variance must not allow a use that is not allowed in that district, permit a lower degree of flood protection than the regulatory flood protection elevation for the particular area, or permit standards lower than those required by state law. (3) Additional Variance Criteria. The following additional variance criteria of the Federal Emergency Management Agency must be satisfied: (i) Variances must not be issued by a community within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result. (ii) Variances may only be issued by a community upon (i) a showing of good and sufficient cause, (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and (iii) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. (iii) Variances may only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. (4) Flood Insurance Notice. The Zoning Administrator must notify the applicant for a variance that: 1) The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage; and 2) Such construction below the base or regional flood level increases risks to life and property. Such notification must be maintained with a record of all variance actions. (5) General Considerations. The community may consider the following factors in granting variances and imposing conditions on variances and conditional uses in floodplains: (i) The potential danger to life and property due to increased flood heights or velocities caused by encroachments; (ii) The danger that materials may be swept onto other lands or downstream to the injury of others; (iii) The proposed water supply and sanitation systems, if any, and the ability of these systems to minimize the potential for disease, contamination and unsanitary conditions; Ordinance No. ### 45 DATE (iv) The susceptibility of any proposed use and its contents to flood damage and the effect of such damage on the individual owner; (v) The importance of the services to be provided by the proposed use to the community; (vi) The requirements of the facility for a waterfront location; (vii) The availability of viable alternative locations for the proposed use that are not subject to flooding; (viii) The compatibility of the proposed use with existing development and development anticipated in the foreseeable future; (ix) The relationship of the proposed use to the Comprehensive Land Use Plan and flood plain management program for the area; (x) The safety of access to the property in times of flood for ordinary and emergency vehicles; (xi) The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters expected at the site. (6) Submittal of Hearing Notices to the Department of Natural Resources (DNR). The City Clerk must submit hearing notices for proposed variances to the DNR sufficiently in advance to provide at least ten days' notice of the hearing. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist. (7) Submittal of Final Decisions to the DNR. A copy of all decisions granting variances must be forwarded to the DNR within ten days of such action. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist. (8) Record -Keeping. The Zoning Administrator must maintain a record of all variance actions, including justification for their issuance, and must report such variances in an annual or biennial report to the Administrator of the National Flood Insurance Program, when requested by the Federal Emergency Management Agency. (d) Conditional Uses: (1) Conditional Use Permit Applications. An application for a conditional use permit under the provisions of this ordinance will be processed and reviewed in accordance with Section(s) 825.39-825.43 of the city code. (2) Factors Used in Decision -Making. In passing upon conditional use applications, the City must consider all relevant factors specified in other sections of this ordinance, and those factors identified in Section 10.35 of this ordinance. (3) Conditions Attached to Conditional Use Permits. The City Council may attach such conditions to the granting of conditional use permits as it deems necessary to fulfill the purposes of this ordinance. Such conditions may include, but are not limited to, the following: (i) Modification of waste treatment and water supply facilities. (ii) Limitations on period of use, occupancy, and operation. Ordinance No. ### 46 DATE (iii) Imposition of operational controls, sureties, and deed restrictions. (iv) Requirements for construction of channel modifications, compensatory storage, dikes, levees, and other protective measures. (v) Floodproofing measures, in accordance with the State Building Code and this ordinance. The applicant must submit a plan or document certified by a registered professional engineer or architect that the floodproofing measures are consistent with the regulatory flood protection elevation and associated flood factors for the particular area. (4) Submittal of Hearing Notices to the Department of Natural Resources (DNR). The City Clerk must submit hearing notices for proposed conditional uses to the DNR sufficiently in advance to provide at least ten days' notice of the hearing. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist. (5) Submittal of Final Decisions to the DNR. A copy of all decisions granting conditional uses must be forwarded to the DNR within ten days of such action. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist. Subd. 11. Nonconformities. Continuance of Nonconformities: A use, structure, or occupancy of land which was lawful before the passage or amendment of this ordinance but which is not in conformity with the provisions of this ordinance may be continued subject to the following conditions. Historic structures, as defined in Subd. 2(i) of this ordinance, are subject to the provisions of Subd. 11(a) through Subd. 11(g) of this ordinance. (a) A nonconforming use, structure, or occupancy must not be expanded, changed, enlarged, or altered in a way that increases its flood damage potential or degree of obstruction to flood flows except as provided in Subd. 11(b) below. Expansion or enlargement of uses, structures or occupancies within the Floodway District is prohibited. (b) Any addition or structural alteration to a nonconforming structure or nonconforming use that would result in increasing its flood damage potential must be protected to the regulatory flood protection elevation in accordance with any of the elevation on fill or floodproofing techniques (i.e., FP 1 thru FP4 floodproofing classifications) allowable in the State Building Code, except as further restricted in Subd. 11(c) and Subd. 11(g) below. (c) If the cost of all previous and proposed alterations and additions exceeds 50 percent of the market value of any nonconforming structure, that shall be considered substantial improvement, and the entire structure must meet the standards of Subd.4 or Subd. 5 of this ordinance for new structures, depending upon whether the structure is in the Floodway or Flood Fringe District, respectively. The cost of all structural alterations and additions must include all costs such as construction materials and a reasonable cost placed on all manpower or labor. Ordinance No. ### 47 DATE (d) If any nonconforming use, or any use of a nonconforming structure, is discontinued for more than one year, any future use of the premises must conform to this ordinance. The Assessor must notify the Zoning Administrator in writing of instances of nonconformities that have been discontinued for a period of more than one year. (e) If any nonconformity is substantially damaged, as defined in Subd. 2(i) of this ordinance, it may not be reconstructed except in conformity with the provisions of this ordinance. The applicable provisions for establishing new uses or new structures in Subd. 4 or Subd. 5 will apply depending upon whether the use or structure is in the Floodway or Flood Fringe, respectively. (f) If any nonconforming use or structure experiences a repetitive loss, as defined in Section 2.936 of this ordinance, it must not be reconstructed except in conformity with the provisions of this ordinance. (g) Any substantial improvement, as defined in Subd. 2(i) of this ordinance, to a nonconforming structure requires that the existing structure and any additions must meet the requirements of Subd. 4 or Subd. 5 of this ordinance for new structures, depending upon whether the structure is in the Floodway or Flood Fringe District. Subd. 12. Penalties and Enforcement (a) Violation Constitutes a Misdemeanor: Violation of the provisions of this ordinance or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or conditional uses) constitute a misdemeanor and will be punishable as defined by law. (b) Other Lawful Action: Nothing in this ordinance restricts the City from taking such other lawful action as is necessary to prevent or remedy any violation. If the responsible party does not appropriately respond to the Zoning Administrator within the specified period of time, each additional day that lapses will constitute an additional violation of this ordinance and will be prosecuted accordingly. (c) Enforcement: Violations of the provisions of this ordinance will be investigated and resolved in accordance with the following provisions. In responding to a suspected ordinance violation, the Zoning Administrator and City Council may utilize the full array of enforcement actions available to it including but not limited to prosecution and fines, injunctions, after -the -fact permits, orders for corrective measures or a request to the National Flood Insurance Program for denial of flood insurance availability to the guilty party. The City must act in good faith to enforce these official controls and to correct ordinance violations to the extent possible so as not to jeopardize its eligibility in the National Flood Insurance Program. (1) When an ordinance violation is either discovered by or brought to the attention of the zoning administrator, the zoning administrator shall immediately investigate the situation and document the nature and extent of the violation of the official control. Ordinance No. ### 48 DATE (2) The zoning administrator shall notify the suspected party of the requirements of this ordinance and all other official controls and the nature and extent of the suspected violation of these controls. If the structure and/or use is under construction or development, the zoning administrator may order the construction or development immediately halted until a proper permit or approval is granted by the city. (3) If the construction or development is not consistent with the requirements of this ordinance, the zoning administrator may issue an order identifying the corrective actions that must be made within a specified time period to bring the use or structure into compliance with the official controls. (4) The zoning administrator may require the responsible party to apply for an after -the fact permit/development approval within a specified period of time. (5) Appeal: The suspected party may appeal the violation and required corrective actions to the City Council. Subd. 13. Amendments (a) Floodplain Designation — Restrictions on Removal: The floodplain designation on the Official Zoning Map must not be removed from floodplain areas unless it can be shown that the designation is in error or that the area has been filled to or above the elevation of the regulatory flood protection elevation and is contiguous to lands outside the floodplain. Special exceptions to this rule may be permitted by the Commissioner of the Department of Natural Resources (DNR) if the Commissioner determines that, through other measures, lands are adequately protected for the intended use. (b) Amendments Require DNR Approval: All amendments to this ordinance must be submitted to and approved by the Commissioner of the Department of Natural Resources (DNR) prior to adoption. The Commissioner must approve the amendment prior to community approval. (c) Map Revisions Require Ordinance Amendments. The floodplain district regulations must be amended to incorporate any revisions by the Federal Emergency Management Agency to the floodplain maps adopted in Subd. 2(c) of this ordinance. SECTION IV. This ordinance shall become effective upon its adoption and publication. Adopted by the Medina city council this day of , 2016. Bob Mitchell, Mayor Attest: Jodi M. Gallup, City Clerk Published in the Crow River News on the _day of , 2016. Ordinance No. ### 49 DATE Member introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 2016-## RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE NO. ### BY TITLE AND SUMMARY WHEREAS, the city council of the city of Medina has adopted Ordinance No. ###, an ordinance regarding floodplain management; amending chapter 8 of the city code; and WHEREAS, Minnesota Statutes § 412.191, subdivision 4 allows publication by title and summary in the case of lengthy ordinances or those containing charts or maps; and WHEREAS, the ordinance is forty-nine pages in length; and WHEREAS, the city council believes that the following summary would clearly inform the public of the intent and effect of the ordinance. NOW, THEREFORE, BE IT RESOLVED by the city council of the city of Medina that the city clerk shall cause the following summary of Ordinance No. ### to be published in the official newspaper in lieu of the ordinance in its entirety: Public Notice The city council of the city of Medina has adopted Ordinance No. ###, an ordinance regarding floodplain management. The ordinance adopts Federal Emergency Management Agency (FEMA) maps and establishes floodplain regulations within the City as required by federal and state agencies. The full text of Ordinance No. ### is available from the city clerk at Medina city hall during regular business hours. BE IT FURTHER RESOLVED by the city council of the city of Medina that the city clerk keep a copy of the ordinance in her office at city hall for public inspection and that she post a full copy of the ordinance in a public place within the city. Resolution No. 2016-## September 20, 2016 Dated: September 20, 2016. Bob Mitchell, Mayor ATTEST: Jodi M. Gallup, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: And the following voted against same: Whereupon said resolution was declared duly passed and adopted. Resolution No. 2016-## 2 September 20, 2016 MNDNR Minnesota Sample Floodplain Ordinance Three District Ordinance This sample ordinance includes the three primary types offloodplain districts: Floodway, Flood Fringe, and General Floodplain. It can be used in a variety of situations, where all three districts or only some of them are present. Contents SECTION 1.0 STATUTORY AUTHORIZATION, FINDINGS OF FACT AND PURPOSE 2 SECTION 2.0 GENERAL PROVISIONS 2 SECTION 3.0 ESTABLISHMENT OF ZONING DISTRICTS 7 SECTION 4.0 FLOODWAY DISTRICT (FW) 7 SECTION 5.0 FLOOD FRINGE DISTRICT (FF) 9 SECTION 6.0 GENERAL FLOODPLAIN DISTRICT (GF) 12 SECTION 7.0 LAND DEVELOPMENT STANDARDS 13 SECTION 8.0 PUBLIC UTILITIES, RAILROADS, ROADS, AND BRIDGES 14 SECTION 9.0 MANUFACTURED HOMES, MANUFACTURED HOME PARKS, AND RECREATIONAL VEHICLES. 14 SECTION 10.0 ADMINISTRATION 15 SECTION 11.0 NONCONFORMITIES 19 SECTION 12.0 PENALTIES AND ENFORCEMENT 20 SECTION 13.0 AMENDMENTS 20 Ordinance Language Commentary SECTION 1.0 STATUTORY AUTHORIZATION, FINDINGS OF FACT AND PURPOSE 1.1 Statutory Authorization: The legislature of the State of Minnesota has, in Minnesota Statutes Chapter 103F and Chapter [394/462] delegated the responsibility to local government units to adopt regulations designed to minimize flood losses. Therefore, the (City Council/ Board of Commissioners) of (community), Minnesota, does ordain as follows. 1.2 Purpose: 1.21 This ordinance regulates development in the flood hazard areas of (community). These flood hazard areas are subject to periodic inundation, which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base. It is the purpose of this ordinance to promote the public health, safety, and general welfare by minimizing these losses and disruptions. 1.22 National Flood Insurance Program Compliance. This ordinance is adopted to comply with the rules and regulations of the National Flood Insurance Program codified as 44 Code of Federal Regulations Parts 59 -78, as amended, so as to maintain the community's eligibility in the National Flood Insurance Program. 1.23 This ordinance is also intended to preserve the natural characteristics and functions of watercourses and floodplains in order to moderate flood and stormwater impacts, improve water quality, reduce soil erosion, protect aquatic and riparian habitat, provide recreational opportunities, provide aesthetic benefits and enhance community and economic development. SECTION 2.0 GENERAL PROVISIONS 2.1 How to Use This Ordinance: This ordinance adopts the floodplain maps applicable to (community) and includes three floodplain districts: Floodway, Flood Fringe, and General Floodplain. 2.11 Where Floodway and Flood Fringe districts are delineated on the floodplain maps, the standards in Sections 4 or 5 will apply, depending on the location of a property. 2.12 Locations where Floodway and Flood Fringe districts are not delineated on the floodplain maps are considered to fall within the General Floodplain district. Within the General Floodplain district, the Floodway District standards in Section 4 apply unless the floodway boundary is determined, according to the process outlined in Section 6. Once the floodway boundary is determined, the Flood Fringe District standards in Section 5 may apply outside the floodway. 2.2 Lands to Which Ordinance Applies: This ordinance applies to all lands within the jurisdiction of (Community) shown on the Official Zoning Map and/or the attachments to the map as being located within the boundaries of the Floodway, Flood Fringe, or General Floodplain Districts. 2.21 The Floodway, Flood Fringe and General Floodplain Districts are overlay districts that are superimposed on all existing zoning districts. The standards imposed in the overlay districts are in addition to any other requirements in this ordinance. In case of a conflict, the more restrictive standards will apply. 2.3 Incorporation of Maps by Reference: The following maps together with all attached material are hereby adopted by reference and declared to be a part of the Official Zoning Map and this ordinance. The attached material includes the Flood Insurance Study for County, Minnesota, and Incorporated Areas, dated and the Flood Insurance Rate Map panels enumerated below, dated 1.1. is mandatory language. The zoning enabling statute reference is Chapter 394 for counties and Chapter 462 for cities and townships. "Governing body" is the City Council or County or Township Board. 1.21 71.22 is mandatory language 1.23 is optional language referencing the natural beneficial functions of floodplains. The types of floodplain zones present in a community will vary, depending on hydrologic conditions and the level of detail of the applicable maps. If the General Floodplain District (the A zone or other zones without a defined floodway) is not present within the community, references to it, including the provisions of Section 6, may be deleted but Section 6 should be "reserved for future use" (i.e., in case a future annexation adds an A zone). 2.21 is optional — if the community has a zoning ordinance — as most do — it's helpful to define these districts as overlay districts. If not, then delete this statement and other overlay references. 2.3 is mandatory language. Each community must adopt the Flood Insurance Study and specific map panels that encompass its boundaries. Under Minnesota Rules 6120.5700, these all prepared by the Federal Emergency Management Agency. These materials are on file in the (list location where maps will be filed — i.e., City Clerk's office). (list all map panels here) 2.4 Regulatory Flood Protection Elevation: The regulatory flood protection elevation (RFPE) is an elevation no lower than one foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the floodplain that result from designation of a floodway. 2.5 Interpretation: The boundaries of the zoning districts are determined by scaling distances on the Flood Insurance Rate Map. 2.51 Where a conflict exists between the floodplain limits illustrated on the official zoning map and actual field conditions, the flood elevations shall be the governing factor. The Zoning Administrator must interpret the boundary location based on the ground elevations that existed on the site on the date of the first National Flood Insurance Program map showing the area within the regulatory floodplain, and other available technical data. 2.52 Persons contesting the location of the district boundaries will be given a reasonable opportunity to present their case to the (Planning Commission/Board of Adjustment) and to submit technical evidence. 2.6 Abrogation and Greater Restrictions: It is not intended by this ordinance to repeal, abrogate, or impair any existing easements, covenants, or other private agreements. However, where this ordinance imposes greater restrictions, the provisions of this ordinance prevail. All other ordinances inconsistent with this ordinance are hereby repealed to the extent of the inconsistency only. 2.7 Warning and Disclaimer of Liability: This ordinance does not imply that areas outside the floodplain districts or land uses permitted within such districts will be free from flooding or flood damages.This ordinance does not create liability on the part of (community) or its officers or employees for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made hereunder. materials are considered attachments to the Zoning Map. Listing of maps will vary by jurisdiction and map type. • For communities with older maps, such as Flood Hazard Boundary Maps, in addition to Flood Insurance Rate Maps, these maps should also be listed in Section 2.3. • For counties, the map index may be used in lieu of listing all the map panels individually. Cities may need to adopt other map panels to encompass areas that may be annexed in the future. Counties and townships may need to adopt city map panels to encompass areas that may be detached from cities. See Section 2.10 & 2.11 Communities may also adopt preliminary flood studies and/or other best available data for regulatory purposes. 2.4 is optional - Reiterates information in the (mandatory) definition of this term in Section 2.9. The RFPE can be increased beyond one foot to provide enhanced flood protection. (In A-O zones, add more detailed language: "Within the AO Zone, the RFPE is an elevation no lower than [the number shown on the FIRM] above the highest adjacent grade of an existing structure or proposed structure or a proposed structural addition.") 2.8 Severability: If any section, clause, provision, or portion of this ordinance is adjudged unconstitutional or invalid by a court of law, the remainder of this ordinance shall not be affected and shall remain in full force. 2.9 Definitions: Unless specifically defined below, words or phrases used in this ordinance must be interpreted according to common usage and so as to give this ordinance its most reasonable application. 2.911 Accessory Use or Structure — a use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure. 2.912 Base Flood Elevation — The elevation of the "regional flood." The term "base flood elevation" is used in the flood insurance survey. 2.913 Basement — any area of a structure, including crawl spaces, having its floor or base subgrade (below ground level) on all four sides, regardless of the depth of excavation below ground level. 2.914 Conditional Use — a specific type of structure or land use listed in the official control that may be allowed but only after an in-depth review procedure and with appropriate conditions or restrictions as provided in the official zoning controls or building codes and upon a finding that: (a) Certain conditions as detailed in the zoning ordinance exist. (b) The structure and/or land use conform to the comprehensive land use plan if one exists and are compatible with the existing neighborhood. 2.915 Critical Facilities —facilities necessary to a community's public health and safety, those that store or produce highly volatile, toxic or water -reactive materials, and those that house occupants that may be insufficiently mobile to avoid loss of life or injury. Examples of critical facilities include hospitals, correctional facilities, schools, daycare facilities, nursing homes, fire and police stations, wastewater treatment facilities, public electric utilities, water plants, fuel storage facilities, and waste handling and storage facilities. 2.916 Development — any manmade change to improved or unimproved real estate, including buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials. 2.917 Equal Degree of Encroachment — a method of determining the location of floodway boundaries so that floodplain lands on both sides of a stream are capable of conveying a proportionate share of flood flows. 2.918 Farm Fence — A fence as defined by Minn. Statutes Section 344.02, Subd. 1(a)-(d). An open type fence of posts and wire is not considered to be a structure under this ordinance. Fences that have the potential to obstruct flood flows, such as chain link fences and rigid walls, are regulated as structures under this ordinance. 2.919 Flood — a temporary increase in the flow or stage of a stream or in the stage of a wetland or lake that results in the inundation of normally dry areas. 2.920 Flood Frequency — the frequency for which it is expected that a specific flood stage or discharge may be equaled or exceeded. 2.921 Flood Fringe — the portion of the Special Flood Hazard Area (one percent annual chance flood) located outside of the floodway. Flood fringe is synonymous with the term "floodway fringe" used in the Flood Insurance Study for (community), Minnesota. 2.922 Flood Prone Area — any land susceptible to being inundated by water from any source (see "Flood"). 2.8 This statement not needed if already included in zoning ordinance These definitions may already exist as part of zoning ordinance, but check for consistency. Definitions are mandatory unless otherwise indicated. 2.912 is an optional definition 2.914 is an optional definition —check against zoning ordinance. Some local ordinances — and the state rules that apply to floodplains — use the older term "special use." 2.915 is an optional definition — see the (optional) regulation of critical facilities in Section 3.2. 2.918 is an optional definition —to be used if this type of farm fence is to be exempted from permit requirements 2.919. Optional definition 2.920. Optional definition 2.921. For cities mapped as part of county- wide flood insurance study, the county name should be inserted here. 2.922 is an optional definition — see provisions of Section 7 on flood prone areas 2.923 Floodplain — the beds proper and the areas adjoining a wetland, lake or watercourse which have been or hereafter may be covered by the regional flood. 2.924 Floodproofing — a combination of structural provisions, changes, or adjustments to properties and structures subject to flooding, primarily for the reduction or elimination of flood damages. 2.925 Floodway — the bed of a wetland or lake and the channel of a watercourse and those portions of the adjoining floodplain which are reasonably required to carry or store the regional flood discharge. 2.926 Lowest Floor — the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, used solely for parking of vehicles, building access, or storage in an area other than a basement area, is not considered a building's lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable non -elevation design requirements of 44 Code of Federal Regulations, Part 60.3. 2.927 Manufactured Home — a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include the term "recreational vehicle." 2.928 New Construction - Structures, including additions and improvements, and placement of manufactured homes, for which the start of construction commenced on or after the effective date of this ordinance. 2.929 Obstruction — any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel modification, culvert, building, wire, fence, stockpile, refuse, fill, structure, or matter in, along, across, or projecting into any channel, watercourse, or regulatory floodplain which may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water. 2.930 One Hundred Year Floodplain — lands inundated by the "Regional Flood" (see definition). 2.931 Principal Use or Structure — all uses or structures that are not accessory uses or structures. 2.932 Reach — a hydraulic engineering term to describe a longitudinal segment of a stream or river influenced by a natural or man-made obstruction. In an urban area, the segment of a stream or river between two consecutive bridge crossings would most typically constitute a reach. 2.933 Recreational Vehicle — a vehicle that is built on a single chassis, is 400 square feet or less when measured at the largest horizontal projection, is designed to be self- propelled or permanently towable by a light duty truck, and is designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. For the purposes of this ordinance, the term recreational vehicle is synonymous with the term "travel trailer/travel vehicle." 2.934 Regional Flood — a flood which is representative of large floods known to have occurred generally in Minnesota and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of the 1% chance or 100-year recurrence interval. Regional flood is synonymous with the term "base flood" used in a flood insurance study. 2.935 Regulatory Flood Protection Elevation (RFPE) - an elevation not less than one foot above the elevation of the regional flood plus any increases in flood 2.929. Optional definition 2.931. Optional definition 2.932. Optional definition 2.935. The one foot elevation is mandated by state law, but a higher elevation can yield increased protection. elevation caused by encroachments on the floodplain that result from designation of a floodway. 2.936 Repetitive Loss: Flood related damages sustained by a structure on two separate occasions during a ten year period for which the cost of repairs at the time of each such flood event on the average equals or exceeds 25% of the market value of the structure before the damage occurred. 2.937 Special Flood Hazard Area — a term used for flood insurance purposes synonymous with "One Hundred Year Floodplain." 2.938 Start of Construction — includes substantial improvement, and means the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement that occurred before the permit's expiration date. The actual start is either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, foundations, or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. 2.939 Structure - anything constructed or erected on the ground or attached to the ground or on -site utilities, including, but not limited to, buildings, factories, sheds, detached garages, cabins, manufactured homes, recreational vehicles not meeting the exemption criteria specified in Section 9.22 of this ordinance and other similar items. 2.940 Substantial Damage - means damage of any origin sustained by a structure where the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. 2.941 Substantial Improvement - within any consecutive 365-day period, any reconstruction, rehabilitation (including normal maintenance and repair), repair after damage, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures that have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either: (a) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions. (b) Any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure." For the purpose of this ordinance, "historic structure" is as defined in 44 Code of Federal Regulations, Part 59.1. 2.10 Annexations: The Flood Insurance Rate Map panels adopted by reference into Section 2.3 above may include floodplain areas that lie outside of the corporate boundaries of the (community) at the time of adoption of this ordinance. If any of these floodplain land 2.936. This is an optional definition linked to the optional provision for repetitive loss properties in Section 11.16. 2.941(b). "Historic structures" as defined in the CFR generally include sites listed on or eligible for the National Register of Historic Places and state- or locally -designated historic properties. 2.10 applies to cities only. It is optional but recommended — if not included, any areas are annexed into the (community) after the date of adoption of this ordinance, the newly annexed floodplain lands will be subject to the provisions of this ordinance immediately upon the date of annexation. 2.11 Detachments. The Flood Insurance Rate Map panels adopted by reference into Section 2.3 above will include floodplain areas that lie inside the corporate boundaries of municipalities at the time of adoption of this ordinance. If any of these floodplain land areas are detached from a municipality and come under the jurisdiction of (community) after the date of adoption of this ordinance, the newly detached floodplain lands will be subject to the provisions of this ordinance immediately upon the date of detachment. SECTION 3.0 ESTABLISHMENT OF ZONING DISTRICTS 3.1 Districts: 3.11 Floodway District. The Floodway District includes those areas within Zones AE/AO/AH (that have a floodway delineated) as shown on the Flood Insurance Rate Map adopted in Section 2.3. 3.12 Flood Fringe District. The Flood Fringe District includes areas within Zones AE/AO/AH (that have a floodway delineated) on the Flood Insurance Rate Map adopted in Section 2.3, but located outside of the floodway. 3.13 General Floodplain District. The General Floodplain District includes those areas within (Zone A or Zones AE/AO/AH) as shown on the Flood Insurance Rate Map adopted in Section 2.3. 3.2 Applicability: Within the floodplain districts established in this ordinance, the use, size, type and location of development must comply with the terms of this ordinance and other applicable regulations. In no cases shall floodplain development adversely affect the efficiency or unduly restrict the capacity of the channels or floodways of any tributaries to the main stream, drainage ditches, or any other drainage facilities or systems. All uses not listed as permitted uses or conditional uses in Sections 4.0, 5.0 and 6.0 are prohibited. In addition, critical facilities, as defined in Section 2.915, are prohibited in all floodplain districts. SECTION 4.0 FLOODWAY DISTRICT (FW) 4.1 Permitted Uses: The following uses, subject to the standards set forth in Section 4.2, are permitted uses if otherwise allowed in the underlying zoning district or any applicable overlay district: 4.11 General farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming, and wild crop harvesting. 4.12 Industrial -commercial loading areas, parking areas, and airport landing strips. 4.13 Open space uses, including but not limited to private and public golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, hunting and fishing areas, and single or multiple purpose recreational trails. 4.14 Residential lawns, gardens, parking areas, and play areas. 4.15 Railroads, streets, bridges, utility transmission lines and pipelines, provided that the Department of Natural Resources' Area Hydrologist is notified at least ten days prior to issuance of any permit. 4.2 Standards for Floodway Permitted Uses: annexation will trigger an amendment of the floodplain ordinance. Section 2.11 applies only to counties or townships that exercise zoning authority. Counties may choose to adopt specific map panels or adopt the countywide map index. 3.11. For lakes, ponds and wetlands, the floodway is usually administratively defined as the area at or below the Ordinary High Water Level. 3.12 & 3.13. If ()community has floodplain delineations on the FIRM for lakes, ponds and wetland without delineated floodways, contact DNR Floodplain Program staff for specific language. Zones AO and AH are areas prone to flooding due to overland flow or small ponds, and are not typically found on most FIRMs. If not present references in 3.12 and 3.13 can be deleted. 3.2. The last sentence is optional, but recommended language that would prohibit critical facilities in all floodplain districts. This is a higher regulatory standard intended to keep critical infrastructure and concentrations of people out of floodplain areas. 4.0. It is critical that the floodway be protected so that it can transport and store the waters of the regional (100-year) flood without increased flood heights or velocities or threats to public health and safety. Note that communities are not required to adopt all of the listed uses, but must provide for some use of the floodway land. Other similar uses may be included in this section if they meet the standards in Section 4.2. If a community wishes to restrict all floodplain districts to only these permitted floodway uses, that could be carried out through the DNR's model "Restrictive Ordinance." 4.15. Earlier versions of the DNR sample ordinances listed utility and transportation uses as conditional uses. In this version, these uses are permitted if DNR is notified and certain standards are met 4.21 The use must have a low flood damage potential. 4.22 the use must not obstruct flood flows or cause any increase in flood elevations and must not involve structures, obstructions, or storage of materials or equipment. 4.23 Any facility that will be used by employees or the general public must be designed with a flood warning system that provides adequate time for evacuation if the area is inundated to a depth and velocity such that the depth (in feet) multiplied by the velocity (in feet per second) would exceed a product of four upon occurrence of the regional (1% chance) flood. 4.3 Conditional Uses: The following uses may be allowed as conditional uses following the standards and procedures set forth in Section 10.4 of this ordinance and further subject to the standards set forth in Section 4.4, if otherwise allowed in the underlying zoning district or any applicable overlay district. 4.31 Structures accessory to the uses listed in 4.11— 4.13 above and the uses listed in 4.32 - 4.33 below. 4.32 Extraction and storage of sand, gravel, and other materials. 4.33 Marinas, boat rentals, docks, piers, wharves, and water control structures. 4.34 Storage yards for equipment, machinery, or materials. 4.35 Placement of fill or construction of fences that obstruct flood flows. Farm fences, as defined in section 2.918, are permitted uses. 4.36 Travel -ready recreational vehicles meeting the exception standards in Section 9.3. 4.37 Levees or dikes intended to protect agricultural crops for a frequency flood event equal to or less than the 10-year frequency flood event. 4.4 Standards for Floodway Conditional Uses: 4.41 All Uses. A conditional use must not cause any increase in the stage of the 1% chance or regional flood or cause an increase in flood damages in the reach or reaches affected. 4.42 Fill; Storage of Materials and Equipment: (a) The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited. (b) Fill, dredge spoil, and other similar materials deposited or stored in the floodplain must be protected from erosion by vegetative cover, mulching, riprap or other acceptable method. Permanent sand and gravel operations and similar uses must be covered by a long-term site development plan. (c) Temporary placement of fill, other materials, or equipment which would cause an increase to the stage of the 1% percent chance or regional flood may only be allowed if the (Governing Body) has approved a plan that assures removal of the materials from the floodway based upon the flood warning time available. 4.43 Accessory Structures. Accessory structures, as identified in Section 4.31, may be permitted, provided that: 4.2. Higher standards for floodway protection could include limiting impervious coverage in the floodway, in order to facilitate infiltration of rainfall. 4.3. Note that these conditional uses are optional for the community but, if allowed, must meet the standards in Sections 4.4. Communities are encouraged to select only those conditional uses that are appropriate for their community. 4.35. Optional statement in 4.35 allows typical farm fences such as barbed wire fences that don't obstruct flood flows as permitted uses. See also Section 10.21(c). 4.36 is optional. We recommend treating recreational vehicles as a conditional use so that road access and warning systems are carefully reviewed to ensure public safety in times of flooding. 4.4. Note that flood control projects intended to remove areas from the floodway to allow development of single or multiple structures are not permitted unless a Letter of Map Revision (LOMR) can be obtained to change the floodway boundary. Contact DNR Floodplain Program staff for further information. 4.42(a) and (b) must be included if deposition or storage of fill is allowed in the floodway 4.42(c) is an optional alternative allowing temporary storage of fill or other materials that could increase flood stage, suitable for locations where adequate flood warning times will be available to allow removal of materials. (a) structures are not intended for human habitation; (b) structures will have a low flood damage potential; (c) structures will be constructed an placed so as to offer a minimal obstruction to the flow of flood waters; (d) Service utilities, such as electrical and heating equipment, within these structures must be elevated to or above the regulatory flood protection elevation or properly floodproofed; (e) Structures must be elevated on fill or structurally dry floodproofed in accordance with the FP1 or FP2 floodproofing classifications in the State Building Code. All floodproofed structures must be adequately anchored to prevent flotation, collapse or lateral movement and designed to equalize hydrostatic flood forces on exterior walls. (f) As an alternative, an accessory structure may be internally/wet floodproofed to the FP3 or FP4 floodproofing classifications in the State Building Code, provided the accessory structure constitutes a minimal investment and does not exceed 576 square feet in size. Designs for meeting this requirement must either be certified by a registered professional engineer or meet or exceed the following criteria: (1) To allow for the equalization of hydrostatic pressure, there must be a minimum of two "automatic" openings in the outside walls of the structure, with a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; and (2) There must be openings on at least two sides of the structure and the bottom of all openings must be no higher than one foot above the lowest adjacent grade to the structure. Using human intervention to open a garage door prior to flooding will not satisfy this requirement for automatic openings. 4.44 Structural works for flood control that will change the course, current or cross section of protected wetlands or public waters are subject to the provisions of Minnesota Statutes, Section 103G.245. 4.45 A levee, dike or floodwall constructed in the floodway must not cause an increase to the 1% chance or regional flood. The technical analysis must assume equal conveyance or storage loss on both sides of a stream. 4.46 Floodway developments must not adversely affect the hydraulic capacity of the channel and adjoining floodplain of any tributary watercourse or drainage system. SECTION 5.0 FLOOD FRINGE DISTRICT (FF) 5.1 Permitted Uses: Permitted uses are those uses of land or structures allowed in the underlying zoning district(s) that comply with the standards in Sections 5.2. If no pre- existing, underlying zoning districts exist, then any residential or nonresidential structure or use of a structure or land is a permitted use provided it does not constitute a public nuisance. 5.2 Standards for Flood Fringe Permitted Uses: 5.21 All structures, including accessory structures, must be elevated on fill so that the lowest floor, as defined, is at or above the regulatory flood protection elevation. The finished fill elevation for structures must be no lower than one foot below the regulatory flood protection elevation and the fill must extend at the same elevation at least 15 feet beyond the outside limits of the structure. 4.43. If accessory structures are to be allowed in the floodway, items (a) through (d) are required. 4.43(e) is optional language allowing for wet floodproofing of small accessory structures that constitute a minimal investment. 4.44 is an optional provision providing notice that work in public waters requires a DNR permit. 5.1. If underlying zoning district(s) are present (as in most communities) the second sentence can be deleted. 5.21. 'lowest floor" is defined as the lowest floor of the lowest enclosed area, including basements, crawl spaces, etc. See Section 2.926. 5.22 Accessory Structures. As an alternative to the fill requirements of section 5.21, structures accessory to the uses identified in Section 5.1 may be permitted to be internally/wet floodproofed to the FP3 or FP4 floodproofing classifications in the State Building Code, provided that: (a) the accessory structure constitutes a minimal investment, does not exceed 576 square feet in size, and is only used for parking and storage. (b) All portions of floodproofed accessory structures below the Regulatory Flood Protection Elevation must be: (i) adequately anchored to prevent flotation, collapse or lateral movement and designed to equalize hydrostatic flood forces on exterior walls, (ii) be constructed with materials resistant to flood damage, and (iii)must have all service utilities be water -tight or elevated to above the regulatory flood protection elevation (c) Designs for meeting this requirement must either be certified by a registered professional engineer or meet or exceed the following criteria: (1) To allow for the equalization of hydrostatic pressure, there must be a minimum of two "automatic" openings in the outside walls of the structure, with a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; and (2) There must be openings on at least two sides of the structure and the bottom of all openings must be no higher than one foot above the lowest adjacent grade to the structure. Using human intervention to open a garage door prior to flooding will not satisfy this requirement for automatic openings. 5.23 The cumulative placement of fill or similar material on a parcel must not exceed 1,000 cubic yards, unless the fill is specifically intended to elevate a structure in accordance with Section 5.21 of this ordinance, or if allowed as a conditional use under Section 5.33 below. 5.24 The storage of any materials or equipment must be elevated on fill to the regulatory flood protection elevation. 5.25 All service utilities, including ductwork, must be elevated or water -tight to prevent infiltration of floodwaters. 5.26 The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited. 5.27 All fill must be properly compacted and the slopes must be properly protected by the use of riprap, vegetative cover or other acceptable method. 5.28 All new principal structures must have vehicular access at or above an elevation not more than two feet below the regulatory flood protection elevation, or must have a flood warning /emergency evacuation plan acceptable to the (Governing Body). 5.29 Accessory uses such as yards, railroad tracks, and parking lots may be at an elevation lower than the regulatory flood protection elevation. However, any facilities used by employees or the general public must be designed with a flood warning system that provides adequate time for evacuation if the area is inundated to a depth and velocity such that the depth (in feet) multiplied by the velocity (in feet per second) would exceed a product of four upon occurrence of the regional (1% chance) flood. 5.30 Interference with normal manufacturing/industrial plant operations must be minimized, especially along streams having protracted flood durations. In 5.22(a). A special note that the bulk standards here slightly exceed those allowed through 6120.330(Subp 3)(H) of the Shoreland Rules. 5.22(b). If an accessory structure exceeds 576 square feet, then FEMA will not allow internal floodproofing, and the structure must be elevated on fill in accordance to 5.21 or dry floodproofed in accordance with 5.43. 5.23 is an optional provision. Treating large volumes of fill as a conditional use allows communities to require an erosion control and emergency removal plan for uses such as sand and gravel mining or dredge spoil storage. 5.28 is optional, but is mandatory for subdivisions, including manufactured home parks and recreational vehicle parks/campgrounds. See also Section 7.13. considering permit applications, due consideration must be given to the needs of industries with operations that require a floodplain location. 5.31 Manufactured homes and recreational vehicles must meet the standards of Section 9 of this ordinance. 5.3 Conditional Uses: The following uses and activities may be allowed as conditional uses, if allowed in the underlying zoning district(s) or any applicable overlay district, following the procedures in Section 10.4 of this ordinance. 5.31 Any structure that is not elevated on fill or floodproofed in accordance with Sections 5.21 and 5.22 of this ordinance. 5.32 Storage of any material or equipment below the regulatory flood protection elevation. 5.33 The cumulative placement of more than 1,000 cubic yards of fill when the fill is not being used to elevate a structure in accordance with Section 5.21 of this ordinance. 5.34 (OPTIONAL) The use of methods to elevate structures above the regulatory flood protection elevation, including stilts, pilings, parallel walls, or above -grade, enclosed areas such as crawl spaces or tuck under garages, shall meet the standards in Section 5.46. 5.4 Standards for Flood Fringe Conditional Uses: 5.41 The standards listed in Sections 5.24 through 5.30 apply to all conditional uses. 5.42 Basements, as defined by Section 2.913 of this ordinance, are subject to the following: (a) Residential basement construction is not allowed below the regulatory flood protection elevation. (b) Non-residential basements may be allowed below the regulatory flood protection elevation provided the basement is structurally dry floodproofed in accordance with Section 5.43 of this ordinance. 5.43 All areas of nonresidential structures, including basements, to be placed below the regulatory flood protection elevation must be floodproofed in accordance with the structurally dry floodproofing classifications in the State Building Code. Structurally dry floodproofing must meet the FP1 or FP2 floodproofing classification in the State Building Code, which requires making the structure watertight with the walls substantially impermeable to the passage of water and with structural components capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. 5.44 The placement of more than 1,000 cubic yards of fill or other similar material on a parcel (other than for the purpose of elevating a structure to the regulatory flood protection elevation) must comply with an approved erosion/sedimentation control plan. (a) The plan must clearly specify methods to be used to stabilize the fill on site for a flood event at a minimum of the regional (1% chance) flood event. (b) The plan must be prepared and certified by a registered professional engineer or other qualified individual acceptable to the (Governing Body). (c) The plan may incorporate alternative procedures for removal of the material from the floodplain if adequate flood warning time exists. 5.3. As with conditional uses in the floodway, conditional uses in the flood fringe are optional — communities should determine which of these uses are needed and appropriate in their floodplain areas. 5.34. The DNR refers to these as "alternative elevation methods", meaning it is an alternative to fill. This is designated optional because they are burdensome to administer —typically requiring nonconversion agreements and detailed monitoring and inspections. See 5.46. 5.44. Optional provisions to be used if placement of this amount of fill is regulated as a conditional use. 5.45 Storage of materials and equipment below the regulatory flood protection elevation must comply with an approved emergency plan providing for removal of such materials within the time available after a flood warning. 5.46 (OPTIONAL) Alternative elevation methods other than the use of fill may be utilized to elevate a structure's lowest floor above the regulatory flood protection elevation. The base or floor of an enclosed area shall be considered above -grade and not a structure's basement or lowest floor if: 1) the enclosed area is above -grade on at least one side of the structure; 2) it is designed to internally flood and is constructed with flood resistant materials; and 3) it is used solely for parking of vehicles, building access or storage. The above -noted alternative elevation methods are subject to the following additional standards: (a) Design and Certification - The structure's design and as -built condition must be certified by a registered professional engineer as being in compliance with the general design standards of the State Building Code and, specifically, that all electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities must be at or above the regulatory flood protection elevation or be designed to prevent flood water from entering or accumulating within these components during times of flooding. (b) Specific Standards for Above -grade, Enclosed Areas - Above -grade, fully enclosed areas such as crawl spaces or tuck under garages must be designed to internally flood and the design plans must stipulate: (1) The minimum area of openings in the walls where internal flooding is to be used as a floodproofing technique. There shall be a minimum of two openings on at least two sides of the structure and the bottom of all openings shall be no higher than one foot above grade. The automatic openings shall have a minimum net area of not less than one square inch for every square foot of enclosed area subject to flooding unless a registered professional engineer or architect certifies that a smaller net area would suffice. The automatic openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of flood waters without any form of human intervention; and (2) That the enclosed area will be designed of flood resistant materials in accordance with the FP3 or FP4 classifications in the State Building Code and shall be used solely for building access, parking of vehicles or storage. SECTION 6.0 GENERAL FLOODPLAIN DISTRICT (GF) 6.1 Permitted Uses: 6.11 The uses listed in Section 4.1 of this ordinance, Floodway District Permitted Uses, are permitted uses. 6.12 All other uses are subject to the floodway/flood fringe evaluation criteria specified in Section 6.2 below. Section 4.0 applies if the proposed use is determined to be in the Floodway District. Section 5.0 applies if the proposed use is determined to be in the Flood Fringe District. 6.2 Procedures for Floodway and Flood Fringe Determinations: 6.21 Upon receipt of an application for a permit or other approval within the General Floodplain District, the Zoning Administrator must obtain, review and reasonably utilize any regional flood elevation and floodway data available from a federal, state, or other source. 6.22 If regional flood elevation and floodway data are not readily available, the applicant must furnish additional information, as needed, to determine the regulatory flood protection elevation and whether the proposed use would fall 5.46. Standard tied to the optional 5.34. The DNR refers to these as "alternative elevation methods", meaning it is an alternative to fill. This is designated optional because they are burdensome to administer —typically requiring nonconversion agreements and detailed monitoring and inspections. 6.1. If the General Floodplain District (the A zone, or the AE, AO or AH zones without a defined floodway) is not present within the community, delete the contents of this section and retitle it "Reserved for Future Use" (i.e., in case a future annexation or map update would add an A zone). 6.2. State and federal rules establish standards for this determination but do not specify a procedure to be followed. (However, the community is required under 44 CFR 60.3(b)(4) to "obtain, review and reasonably utilize" base flood elevation and floodway data.) The procedure shown here is one that DNR suggests that communities follow. DNR Floodplain Program staff can assist communities in obtaining relevant data and completing the determination. within the Floodway or Flood Fringe District. Information must be consistent with accepted hydrological and hydraulic engineering standards and the standards in 6.23 below. 6.23 The determination of floodway and flood fringe must include the following components, as applicable: (a) Estimate the peak discharge of the regional (1% chance) flood. (b) Calculate the water surface profile of the regional flood based upon a hydraulic analysis of the stream channel and overbank areas. (c) Compute the floodway necessary to convey or store the regional flood without increasing flood stages more than one-half (0.5) foot. A lesser stage increase than 0.5 foot is required if, as a result of the stage increase, increased flood damages would result. An equal degree of encroachment on both sides of the stream within the reach must be assumed in computing floodway boundaries. 6.24 The Zoning Administrator will review the submitted information and assess the technical evaluation and the recommended Floodway and/or Flood Fringe District boundary. The assessment must include the cumulative effects of previous floodway encroachments. The Zoning Administrator may seek technical assistance from a designated engineer or other expert person or agency, including the Department of Natural Resources. Based on this assessment, the Zoning Administrator may approve or deny the application. 6.25 Once the Floodway and Flood Fringe District boundaries have been determined, the Zoning Administrator must process the permit application consistent with the applicable provisions of Section 4.0 and 5.0 of this ordinance. SECTION 7.0 LAND DEVELOPMENT STANDARDS 7.1 In General: Recognizing that flood prone areas may exist outside of the designated floodplain districts, the requirements of this section apply to all land within (community). 7.2 Subdivisions: No land may be subdivided which is unsuitable for reasons of flooding or inadequate drainage, water supply or sewage treatment facilities. Manufactured home parks and recreational vehicle parks or campgrounds are considered subdivisions under this ordinance. 7.21 All lots within the floodplain districts must be able to contain a building site outside of the Floodway District at or above the regulatory flood protection elevation. 7.22 All subdivisions must have road access both to the subdivision and to the individual building sites no lower than two feet below the regulatory flood protection elevation, unless a flood warning emergency plan for the safe evacuation of all vehicles and people during the regional (1% chance) flood has been approved by the (Governing Body). The plan must be prepared by a registered engineer or other qualified individual, and must demonstrate that adequate time and personnel exist to carry out the evacuation. 7.23 For all subdivisions in the floodplain, the Floodway and Flood Fringe District boundaries, the regulatory flood protection elevation and the required elevation of all access roads must be clearly labeled on all required subdivision drawings and platting documents. 7.24 In the General Floodplain District, applicants must provide the information required in Section 6.2 of this ordinance to determine the regional flood elevation, the Floodway and Flood Fringe District boundaries and the regulatory flood protection elevation for the subdivision site. 6.24. Federal rules require that communities assess the cumulative effects of floodway encroachments on both sides of a stream. Contact Floodplain Program staff for assistance in making this assessment. 7.1 is optional — this and related provisions in 7.25 and 7.3 are designed to enable communities to manage flood risks in unmapped but flood -prone areas (Le., wetlands, ditches, isolated basins). If these standards are not needed, Section 7 can be retitled "Subdivisions." 7.21 — 7.24 is mandatory. These provisions can be integrated into a city or county subdivision ordinance, where one exists. Note that manufactured home and recreational vehicle parks are treated as subdivisions. 7.25 If a subdivision proposal or other proposed new development is in a flood prone area, any such proposal must be reviewed to assure that: (a) All such proposals are consistent with the need to minimize flood damage within the flood prone area, (b) All public utilities and facilities, such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damage, and (c) Adequate drainage is provided to reduce exposure of flood hazard. 7.3 Building Sites. If a proposed building site is in a flood prone area, all new construction and substantial improvements (including the placement of manufactured homes) must be: (a) Designed (or modified) and adequately anchored to prevent floatation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy; (b) Constructed with materials and utility equipment resistant to flood damage; (c) Constructed by methods and practices that minimize flood damage; and (d) Constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. SECTION 8.0 PUBLIC UTILITIES, RAILROADS, ROADS, AND BRIDGES 8.1 Public Utilities: All public utilities and facilities such as gas, electrical, sewer, and water supply systems to be located in the floodplain must be floodproofed in accordance with the State Building Code or elevated to the regulatory flood protection elevation. 8.2 Public Transportation Facilities: Railroad tracks, roads, and bridges to be located within the floodplain must comply with Sections 4.0 and 5.0 of this ordinance. These transportation facilities must be elevated to the regulatory flood protection elevation where failure or interruption of these facilities would result in danger to the public health or safety or where such facilities are essential to the orderly functioning of the area. Minor or auxiliary roads or railroads may be constructed at a lower elevation where failure or interruption of transportation services would not endanger the public health or safety. 8.3 On -site Water Supply and Sewage Treatment Systems: Where public utilities are not provided: 1) On -site water supply systems must be designed to minimize or eliminate infiltration of flood waters into the systems and are subject to the provisions in Minnesota Rules Chapter 4725.4350, as amended; and 2) New or replacement on -site sewage treatment systems must be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters, they must not be subject to impairment or contamination during times of flooding, and are subject to the provisions in Minnesota Rules Chapter 7080.2270, as amended. SECTION 9.0 MANUFACTURED HOMES, MANUFACTURED HOME PARKS, AND RECREATIONAL VEHICLES. 9.1 Manufactured Homes: New manufactured home parks and expansions to existing manufactured home parks are prohibited in any floodplain district. For existing manufactured home parks or lots of record, the following requirements apply: 9.11 Placement or replacement of manufactured home units is prohibited in the Floodway District. 7.25 is optional, to be used in conjunction with 7.1. 7.3 is optional, to be used in conjunction with 7.1. 8.3. MPCA oversees the Rules regulating septic systems (7080.2270) and wells (4725.4350), which regulate location and design in relation to floodplains. 9.1. This subsection is mandatory; the remainder of Section 9.0 is optional but recommended if manufactured home parks are located in any floodplain districts. 9.12 If allowed in the Flood Fringe District, placement or replacement of manufactured home units is subject to the requirements of Section 5 of this ordinance and the following standards. (a) New and replacement manufactured homes must be elevated in compliance with Section 5 of this ordinance and must be securely anchored to an adequately anchored foundation system that resists flotation, collapse and lateral movement. Methods of anchoring may include, but are not limited to, use of over -the -top or frame ties to ground anchors. This requirement is in addition to applicable state or local anchoring requirements for resisting wind forces. (b) New or replacement manufactured homes in existing manufactured home parks must meet the vehicular access requirements for subdivisions in Section 7.22. 9.2 Recreational Vehicles: New recreational vehicle parks or campgrounds and expansions to existing recreational vehicle parks or campgrounds are prohibited in any floodplain district. Placement of recreational vehicles in existing recreational vehicle parks or campgrounds in the floodplain must meet the exemption criteria below or be treated as new structures meeting the requirements of this ordinance. 9.21 Recreational vehicles are exempt from the provisions of this ordinance if they are placed in any of the following areas and meet the criteria listed in Section 9.22: (a) Individual lots or parcels of record. (b) Existing commercial recreational vehicle parks or campgrounds. (c) Existing condominium -type associations. 9.22 Criteria for Exempt Recreational Vehicles: (a) The vehicle must have a current license required for highway use. (b) The vehicle must be highway ready, meaning on wheels or the internal jacking system, attached to the site only by quick disconnect type utilities commonly used in campgrounds and recreational vehicle parks. (c) No permanent structural type additions may be attached to the vehicle. (d) The vehicle and associated use must be permissible in any pre-existing, underlying zoning district. (e) Accessory structures are not permitted within the Floodway District. Any accessory structure in the Flood Fringe District must be constructed of flood - resistant materials and be securely anchored, meeting the requirements applicable to manufactured homes in Section 9.22. (f) An accessory structure must constitute a minimal investment 9.23 Recreational vehicles that are exempt in Section 9.22 lose this exemption when development occurs on the site that exceeds a minimal investment for an accessory structure such as a garage or storage building. The recreational vehicle and all accessory structures will then be treated as new structures subject to the elevation and floodproofing requirements of Section 5.0 of this ordinance. No development or improvement on the parcel or attachment to the recreational vehicle is allowed that would hinder the removal of the vehicle should flooding occur. SECTION 10.0 ADMINISTRATION 9.2 has recently been revised to recognize MN Department of Health rules (Section 4630.0200), which prohibit mobile home parks and recreational camping areas in flood -prone areas. Placement or replacement of manufactured home units may be allowed in existing manufactured home parks or on lots of record. 9.21 —9.23. These exemption criteria are required if recreational vehicles are allowed within any floodplain district. If this section is not used, recreational vehicle placement must be explicitly prohibited in floodplain districts. 9.22(e) is optional. Recreational vehicles in existing campgrounds may be allowed within the Floodway District, if defined as a permitted or conditional use, but we recommend they be treated as a temporary use, without accessory structures and with an emergency plan in place. 9.22 (f) and 9.23 are optional. Communities may apply a monetary limit such as $500 as a threshold for a "minimal investment," recognizing that this threshold will vary from place to place. 10.0. Many of the standards and procedures in this section are likely to exist in other parts of the community's zoning 10.1 Zoning Administrator: A Zoning Administrator or other official designated by the (Governing Body) must administer and enforce this ordinance. 10.2 Permit Requirements: 10.21 Permit Required. A permit must be obtained from the Zoning Administrator prior to conducting the following activities: (a) The erection, addition, modification, rehabilitation, or alteration of any building, structure, or portion thereof. Normal maintenance and repair also requires a permit if such work, separately or in conjunction with other planned work, constitutes a substantial improvement as defined in this ordinance. (b) The use or change of use of a building, structure, or land. (c) The construction of a dam, fence, or on -site septic system, although a permit is not required for a farm fence as defined in this ordinance. (d) The change or extension of a nonconforming use. (e) The repair of a structure that has been damaged by flood, fire, tornado, or any other source. (f) The placement of fill, excavation of materials, or the storage of materials or equipment within the floodplain. (g) Relocation or alteration of a watercourse (including new or replacement culverts and bridges), unless a public waters work permit has been applied for. (h) Any other type of "development" as defined in this ordinance. 10.22 Application for Permit. Permit applications must be submitted to the Zoning Administrator on forms provided by the Zoning Administrator. The permit application must include the following as applicable: (a) A site plan showing all pertinent dimensions, existing or proposed buildings, structures, and significant natural features having an influence on the permit. (b) Location of fill or storage of materials in relation to the stream channel. (c) Copies of any required municipal, county, state or federal permits or approvals. (d) Other relevant information requested by the Zoning Administrator as necessary to properly evaluate the permit application. 10.23 Certificate of Zoning Compliance for a New, Altered, or Nonconforming Use. No building, land or structure may be occupied or used in any manner until a certificate of zoning compliance has been issued by the Zoning Administrator stating that the use of the building or land conforms to the requirements of this ordinance. 10.24 Certification. The applicant is required to submit certification by a registered professional engineer, registered architect, or registered land surveyor that the finished fill and building elevations were accomplished in compliance with the provisions of this ordinance. Floodproofing measures must be certified by a registered professional engineer or registered architect. 10.25 Record of First Floor Elevation. The Zoning Administrator must maintain a record of the elevation of the lowest floor (including basement) of all new structures and alterations or additions to existing structures in the floodplain. The Zoning ordinance, and may be cross-referenced rather than repeated here. However, the community must be able to demonstrate that these procedures or comparable ones are in place. The term 'Zoning Administrator" is used throughout this section for ease of reference, but in some communities the City Clerk or other official may fill this role. 10.21(c). The exemption for farm fences in (c) is optional. 10.21(g). Any change in the course, current or cross-section of public waters requires a public waters work permit from the DNR under MN Stat. 1036.245. 10.22. This section may cross-reference any other permitting requirements in the zoning ordinance. Administrator must also maintain a record of the elevation to which structures and alterations or additions to structures are floodproofed. 10.26 Notifications for Watercourse Alterations. Before authorizing any alteration or relocation of a river or stream, the Zoning Administrator must notify adjacent communities. If the applicant has applied for a permit to work in public waters pursuant to Minnesota Statutes, Section 103G.245, this will suffice as adequate notice. A copy of the notification must also be submitted to the Chicago Regional Office of the Federal Emergency Management Agency (FEMA). 10.27 Notification to FEMA When Physical Changes Increase or Decrease Base Flood Elevations. As soon as is practicable, but not later than six months after the date such supporting information becomes available, the Zoning Administrator must notify the Chicago Regional Office of FEMA of the changes by submitting a copy of the relevant technical or scientific data. 10.3 Variances: 10.31 Variance Applications. An application for a variance to the provisions of this ordinance will be processed and reviewed in accordance with applicable state statutes and Section(s) of the zoning ordinance/code. 10.32 Adherence to State Floodplain Management Standards. A variance must not allow a use that is not allowed in that district, permit a lower degree of flood protection than the regulatory flood protection elevation for the particular area, or permit standards lower than those required by state law. 10.33 Additional Variance Criteria. The following additional variance criteria of the Federal Emergency Management Agency must be satisfied: (a) Variances must not be issued by a community within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result. (b) Variances may only be issued by a community upon (i) a showing of good and sufficient cause, (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and (iii) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. (c) Variances may only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. 10.34 Flood Insurance Notice. The Zoning Administrator must notify the applicant for a variance that: 1) The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage; and 2) Such construction below the base or regional flood level increases risks to life and property. Such notification must be maintained with a record of all variance actions. 10.35 General Considerations. The community may consider the following factors in granting variances and imposing conditions on variances and conditional uses in floodplains: (a) The potential danger to life and property due to increased flood heights or velocities caused by encroachments; (b) The danger that materials may be swept onto other lands or downstream to the injury of others; 10.31 should cross-reference all sections of the zoning ordinance that regulate processing and review of variance applications. 10.3 only contains DNR/FEMA — mandated regulatory & notification provisions. Communities that administer zoning ordinances (including floodplain ordinances) must establish a board of adjustment to hear appeals and variance requests. In many communities, the city council, county board, or planning commission serves as the board of adjustment. If a community does not have existing variance procedures or a board of adjustment, contact Floodplain Program staff for sample ordinance language. 10.33 (a-c) is language required by FEMA and must be adopted verbatim. Note specifically that the reference to "exceptional hardship" in (b)(ii) must remain in the ordinance, even though it has been replaced by the term practical difficulties" in state zoning enabling statutes. 10.34 is required by FEMA. Section 10.35 is optional but recommended as guidance for communities in reviewing variance applications. The same factors are recommended for review of conditional use applications, below. (c) The proposed water supply and sanitation systems, if any, and the ability of these systems to minimize the potential for disease, contamination and unsanitary conditions; (d) The susceptibility of any proposed use and its contents to flood damage and the effect of such damage on the individual owner; (e) The importance of the services to be provided by the proposed use to the community; (f) The requirements of the facility for a waterfront location; (g) The availability of viable alternative locations for the proposed use that are not subject to flooding; (h) The compatibility of the proposed use with existing development and development anticipated in the foreseeable future; (i) The relationship of the proposed use to the Comprehensive Land Use Plan and flood plain management program for the area; (j) The safety of access to the property in times of flood for ordinary and emergency vehicles; (k) The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters expected at the site. 10.36 Submittal of Hearing Notices to the Department of Natural Resources (DNR). The (designated body/community official) must submit hearing notices for proposed variances to the DNR sufficiently in advance to provide at least ten days' notice of the hearing. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist. 10.37 Submittal of Final Decisions to the DNR. A copy of all decisions granting variances must be forwarded to the DNR within ten days of such action. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist. 10.38 Record -Keeping. The Zoning Administrator must maintain a record of all variance actions, including justification for their issuance, and must report such variances in an annual or biennial report to the Administrator of the National Flood Insurance Program, when requested by the Federal Emergency Management Agency. 10.4 Conditional Uses: 10.41 Administrative Review. An application for a conditional use permit under the provisions of this ordinance will be processed and reviewed in accordance with Section(s) of the zoning ordinance/code. 10.42 Factors Used in Decision -Making. In passing upon conditional use applications, the (Governing Body) must consider all relevant factors specified in other sections of this ordinance, and those factors identified in Section 10.35 of this ordinance. 10.43 Conditions Attached to Conditional Use Permits. The (Governing Body) may attach such conditions to the granting of conditional use permits as it deems necessary to fulfill the purposes of this ordinance. Such conditions may include, but are not limited to, the following: (a) Modification of waste treatment and water supply facilities. (b) Limitations on period of use, occupancy, and operation. 10.41 should cross-reference any conditional use procedures in the zoning ordinance, if these exist. If not, contact Floodplain Program staff for administrative language. Section 10.42 is optional but recommended as guidance for decisions on conditional uses (and variances, as noted above). 10.43 is also optional; conditions are intended to be specific to the particular site and proposed use. (c) Imposition of operational controls, sureties, and deed restrictions. (d) Requirements for construction of channel modifications, compensatory storage, dikes, levees, and other protective measures. (e) Floodproofing measures, in accordance with the State Building Code and this ordinance. The applicant must submit a plan or document certified by a registered professional engineer or architect that the floodproofing measures are consistent with the regulatory flood protection elevation and associated flood factors for the particular area. 10.44 Submittal of Hearing Notices to the Department of Natural Resources (DNR). The (designated body/community official) must submit hearing notices for proposed conditional uses to the DNR sufficiently in advance to provide at least ten days' notice of the hearing. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist. 10.45 Submittal of Final Decisions to the DNR. A copy of all decisions granting conditional uses must be forwarded to the DNR within ten days of such action. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist. SECTION 11.0 NONCONFORMITIES 11.1 Continuance of Nonconformities: A use, structure, or occupancy of land which was lawful before the passage or amendment of this ordinance but which is not in conformity with the provisions of this ordinance may be continued subject to the following conditions. Historic structures, as defined in Section 2.941(b) of this ordinance, are subject to the provisions of Sections 11.11— 11.16 of this ordinance. 11.11 A nonconforming use, structure, or occupancy must not be expanded, changed, enlarged, or altered in a way that increases its flood damage potential or degree of obstruction to flood flows except as provided in 11.12 below. Expansion or enlargement of uses, structures or occupancies within the Floodway District is prohibited. 11.12 Any addition or structural alteration to a nonconforming structure or nonconforming use that would result in increasing its flood damage potential must be protected to the regulatory flood protection elevation in accordance with any of the elevation on fill or floodproofing techniques (i.e., FP1 thru FP4 floodproofing classifications) allowable in the State Building Code, except as further restricted in 11.13 and 11.17 below. 11.13 If the cost of all previous and proposed alterations and additions exceeds 50 percent of the market value of any nonconforming structure, that shall be considered substantial improvement, and the entire structure must meet the standards of Section 4.0 or 5.0 of this ordinance for new structures, depending upon whether the structure is in the Floodway or Flood Fringe District, respectively. The cost of all structural alterations and additions must include all costs such as construction materials and a reasonable cost placed on all manpower or labor. 11.14 If any nonconforming use, or any use of a nonconforming structure, is discontinued for more than one year, any future use of the premises must conform to this ordinance. The Assessor must notify the Zoning Administrator in writing of instances of nonconformities that have been discontinued for a period of more than one year. 11.15 If any nonconformity is substantially damaged, as defined in Section 2.940 of this ordinance, it may not be reconstructed except in conformity with the provisions of this ordinance. The applicable provisions for establishing new uses or new 11.11. Buildings and structures within the Floodway District may not be enlarged or expanded. In some cases, a floodway area can be filled without causing any rise in flood stage. In such cases, a Letter of Map Revision may be obtained that changes the floodway boundary, placing the area in the Flood Fringe. Contact Floodplain Program staff for details. 11.13. The language presented is recommended, in order to gradually eliminate nonconformities over time. Federal standards require that substantial improvement, is tracked over a one-year period. Section 11.14 reflects an optional provision in statute (462.357(Subd le)(1) and 394.36) — local government may impose reasonable conditions on the nonconforming use or structure. Many communities have adopted similar provisions in their zoning ordinances. Section 11.15 is specific to floodplain uses in state and federal statute, as distinct from structures in Sections 4.0 or 5.0 will apply depending upon whether the use or structure is in the Floodway or Flood Fringe, respectively. 11.16 If any nonconforming use or structure experiences a repetitive loss, as defined in Section 2.936 of this ordinance, it must not be reconstructed except in conformity with the provisions of this ordinance. 11.17 Any substantial improvement, as defined in Section 2.941 of this ordinance, to a nonconforming structure requires that the existing structure and any additions must meet the requirements of Section 4.0 or 5.0 of this ordinance for new structures, depending upon whether the structure is in the Floodway or Flood Fringe District. SECTION 12.0 PENALTIES AND ENFORCEMENT 12.1 Violation Constitutes a Misdemeanor: Violation of the provisions of this ordinance or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or conditional uses) constitute a misdemeanor and will be punishable as defined by law. 12.2 Other Lawful Action: Nothing in this ordinance restricts the (community) from taking such other lawful action as is necessary to prevent or remedy any violation. If the responsible party does not appropriately respond to the Zoning Administrator within the specified period of time, each additional day that lapses will constitute an additional violation of this ordinance and will be prosecuted accordingly. 12.3 Enforcement: Violations of the provisions of this ordinance will be investigated and resolved in accordance with the provisions of Section(s) of the zoning ordinance/code. In responding to a suspected ordinance violation, the Zoning Administrator and (Governing Body) may utilize the full array of enforcement actions available to it including but not limited to prosecution and fines, injunctions, after -the - fact permits, orders for corrective measures or a request to the National Flood Insurance Program for denial of flood insurance availability to the guilty party. The (community) must act in good faith to enforce these official controls and to correct ordinance violations to the extent possible so as not to jeopardize its eligibility in the National Flood Insurance Program. SECTION 13.0 AMENDMENTS 13.1 Floodplain Designation — Restrictions on Removal: The floodplain designation on the Official Zoning Map must not be removed from floodplain areas unless it can be shown that the designation is in error or that the area has been filled to or above the elevation of the regulatory flood protection elevation and is contiguous to lands outside the floodplain. Special exceptions to this rule may be permitted by the Commissioner of the Department of Natural Resources (DNR) if the Commissioner determines that, through other measures, lands are adequately protected for the intended use. 13.2 Amendments Require DNR Approval: All amendments to this ordinance must be submitted to and approved by the Commissioner of the Department of Natural Resources (DNR) prior to adoption. The Commissioner must approve the amendment prior to community approval. 13.3 Map Revisions Require Ordinance Amendments. The floodplain district regulations must be amended to incorporate any revisions by the Federal Emergency Management Agency to the floodplain maps adopted in Section 2.3 of this ordinance. EFFECTIVE DATE: This ordinance shall be in full force and effect from and after its passage and approval and publication, as required by law and/or charter. the standard provisions for nonconformities in the Chapters 394 and 462. Section 11.16 is optional but recommended, in order to gradually eliminate nonconformities that are frequently damaged but not to the 'SO%" level. 11.17 is a mandatory federal requirement. As defined, "substantial improvement" is monitored over a one-year period. 12.3. Cross-reference any sections of the zoning ordinance that deal with enforcement procedures. If such provisions don't exist, contact Floodplain Program staff for sample language. Adopted by the Board/City Council (Community Name) This of (Day) (Month) (Year) Attest: , County Board Chairperson/Mayor (Name of Elected Official) Attest: , County Administrator/City Clerk (Name of Community Official) Stamp With Community Seal: G reenield I i I Indep Mapleh ndep ndence Corcoran I MapleiGrov( i CITY OF MEDINA 100-YEAR FLOODPLAIN BOUNDARY CHANGES SINCE 2004 FLOOD INSURANCE STUDY LEGEND City Boundaries Medina Parcels Floodplain Decrease No Change Floodplain Increase SUMMARY: Total Number of Parcels: 2,977 Occupied Parcels with Floodplain: 524 Existing Flood Insurance Policies: 15 N Miles WSB June 8, 2016 MEMORANDUM TO: Mayor Mitchell and Members of the City Council FROM: Dusty Finke, City Planner; through City Administrator Scott Johnson DATE: September 15, 2016 SUBJ: Planning Department Updates — September 20, 2016 City Council Meeting Land Use Application Review A) Olkon Variance and Preliminary Plat — 2362 Willow Drive — Ellis and Nancy Olkon have requested a variance from the minimum suitable soils requirements to subdivide their 20 acre property into two lots. The Planning Commission reviewed the variance request at the September 13 meeting and unanimously recommended denial. Staff intends to present the variance to the City Council on October 4. Staff has presented the variance before the applicant completes the cost of finalizing remaining items on the plat. B) AutoMotorPlex PUD General Plan and Plat — east of Arrowhead Drive, north of Hamel Road — Bruno Silikowski has requested review of a PUD General Plan and Plat for construction of approximately 237,500 square feet of private garage condominiums for motorsports enthusiasts. Staff is conducting a preliminary review and will present to the Planning Commission for a Public Hearing when complete. C) Jeffrey -Johnson Lot Line Rearrangement and Easement Vacation — 2605 and 2505 Willow Drive — Glenn Jeffrey has requested approval of a rearrangement of the lot line between his and his neighbor's property. The Jeffrey's propane tank is located on the Johnson property. The applicant has also requested to vacate easements adjacent to the lot lines and replace with new easements. Staff is conducting a preliminary review and will present to Council when ready, potentially at the October 4 meeting. D) Just for Kix, Hamel Brewery, St. Peter and Paul Cemetery, Wright -Hennepin Solar Panels —The City Council has adopted resolutions approving these projects, and staff is assisting the applicants with the conditions of approval in order to complete the projects. E) Woods of Medina, Capital Knoll— These preliminary plats have been approved and staff is awaiting a final plat application F) Deerhill Preserve, Hamel Haven subdivisions — These subdivisions have received final approval. Staff is working with the applicants on the conditions of approval before construction begins. Other Pro'ects A) Comprehensive Plan — Staff has presented the draft Vision/Goals, Land Use, and Housing chapters to the Planning Commission and Council on August 3 and August 16. The Steering Committee reviewed a draft of the plan at their August 30 meeting and the full draft is close to completion. Staff is preparing a substantial outreach program to inform residents of the plan and to receive feedback. B) Floodplain Ordinance — The City is required to amend its Floodplain Management ordinance to maintain consistency with updated federal maps and regulations by November 4, 2016. Staff has drafted an ordinance and received conditional DNR approval. The Planning Commission held a Public Hearing at the September 13 meeting and unanimously recommended approval. Staff intends to present the application to the Council on September 20. C) City Hall Renovation — staff has been spending substantial efforts trying to keep an eye on issues arising with the City Hall renovations. Planning Department Update Page 1 of 1 September 20, 2016 City Council Meeting MEDINA POLICE DEPARTMENT 600 Clydesdale Trail Medusa, MN 55340-9790 p:763.473-9209 f:763.473.8858 non -emergency: 763 -5 25.6210 MEMORANDUM Emergency 9-1-1 TO: City Administrator Scott Johnson and City Council FROM: Director Edgar J. Belland DATE: September 15, 2016 RE: Department Updates Hiring Process The CSO final candidate, Andrew Scharf, has been given a tentative job offer pending the Council's approval. He has a tentative start date of September 21st. Andrew lives in Rogers, Minnesota; he comes to us with two years of CSO experience with the Maple Grove Police Department. We are very excited to have Andrew join our team. We are finishing up the background on our finalist for the patrol position. If the candidate passes the background check, we will be setting up the physical and psychological exams in the next several weeks. Investigator Domino's Last Day Investigator Domino's last working day was Friday, September 9th. She is moving on to a new position with her husband's construction company. She was a valued employee for the last 10 years and she will be missed. Currently, the investigation responsibilities are being shared by our taskforce investigator and Sergeant Nelson. Once the open position is filled, I will name another investigator. Loretto FunFest 2016 The Loretto Funfest was September 10, 2016. The event went off with only a couple of small hiccups. The ballfields were too wet to support the kids' bounces so everything was congregated on the blacktop areas between the ballfields. It was a windy day with 20 to 30 mile an hour winds. As we were setting up the large tent, the wind caught it and bent the large poles. The rest of the day was awesome. Besides the wind, the weather was perfect. A great time was had by all. Medina Celebration Day will be this weekend. We are hoping for good weather. Hope to see you all there. Patrol by Sergeant Jason Nelson Patrol Activities For the dates of August 31 to September 14, 2016, our officers issued 52 citations and 112 warnings for various traffic infractions. There were a total of six traffic accidents, 15 medicals and six alarms. Investigator Domino's last day of working is technically October 3, 2016, but as of September 9th she is off the schedule on vacation until her end date. We all were sad to see Charmane go. This puts a heavy burden on us all as we need to try and do our jobs and investigations at the same time. I am currently conducting a background on a potential police officer candidate and preparing for the possible start of a Community Service Officer. We have had a busy couple of weeks with multiple people being arrested for thefts, guns and drugs. On September 14, 2016, Officer Jessen took numerous thefts from auto reports, again this time being in the Elm Creek neighborhood. The one common factor was that ALL vehicles were unlocked and valuables were left inside. On September 9, 2016, Officer McKinley and Gregory were dispatched to an attempted suicide where the party had intentionally consumed essential oils. Party was transported to the hospital. On September 9, 2016, Officer Gregory took an auto theft report. Party reported that two people, whom she knew, took her rental car without permission and refused to bring it back. As the result of the investigation, two people were arrested for possession of narcotics and possession of a handgun. Case was forwarded to the Hennepin County Attorney's Office for charging. On September 4, 2016, Officer Boecker was dispatched to a burglary in progress in Loretto. Caller reported finding a man inside the shed at the Loretto ball fields. The male fled on foot but was caught a short time later by police. The male is currently in custody at the Hennepin County Jail and has been charged with burglary. On September 3, 2016, Officer Boecker was dispatched to a possible person who was not breathing. Upon arrival, it was found that the male was deceased. The Hennepin County Medical Examiner was contacted and the body was released to the funeral home. The male was 65 years old. On September 1, 2016, Officer McKinley took a theft of a tailgate report at Loram. The tailgate was off of a Loram vehicle that had a backup camera in it. No suspects at this time. Criminal Investigations by Investigator David Hall On September 9, 2016, officers took a report of a stolen vehicle in the Hamel area. Suspects were identified and the vehicle was located on September 10th in the City of Minnetonka. The suspects were later located and arrested in relation to this incident. During the arrest officers located a stolen handgun and narcotics. Investigations followed up and submitted charges to the Hennepin County Attorney's Office. On September 9, 2016, a suspicious vehicle was reported where three occupants parked the vehicle at an area business and left the area on foot. As officers arrived they located one of the occupants at the trunk of the vehicle. This suspect closed the trunk of the vehicle and fled on foot after observing the officer in the area. This suspect was located and found in possession of narcotics. This suspect admitted to shoplifting from an area business and stated that the stolen property was in the trunk of the vehicle. The other occupants also returned to the vehicle. The vehicle was impounded and a search warrant was executed on the vehicle with several stolen items recovered. Further follow up is being completed and the case will be submitted for charges. There are a total of 6 open investigations. MEMORANDUM TO: City Council, through City Administrator Scott Johnson FROM: Steve Scherer, Public Works Director DATE: September 14, 2016 MEETING: September 20, 2016 SUBJECT: Public Works Update STREETS • Work on the Deerhill Preserve has begun with the road sub -base being cut in. There have been some perched water issues to be dealt with and the developer is working with staff to get these issues addressed. • Sweeping of the seal coated streets has been completed and the streets look real good. We will stripe only what we need to this fall in order to allow the loose rock to wear off. We will then stripe in the spring in order to get a better quality paint job. • The Sioux Drive correction is scheduled for October. Contractors have been scrambling this fall with all of the rain this summer It has been tough for them to keep any kind of a schedule. WATER/SEWER/STORMWATER • Well #8 and pumphouse #3 are near completion. We do have a startup date of September 27th. I don't expect to put the well on line at that time because there are a lot of control details to address. I do however expect to pump water and make sure the basic operation of the well and pumphouse are up and running. • Well #2 is now in service to the Dominium irrigation system. It took some time, but all is working well as supplementary water to their cistern. • I have been dealing with lots of drainage issues around the City. One in particular along Hwy. 55. This one has some complications dealing with MN Dot and the Railroad. I am confident we will get this resolved soon. PARKS/TRAILS • The crew has been working up at the Paul Fortin Field parking area at Hamel Legion Park for the past two weeks installing the storm sewer system for the project. Next will be the curb cutting and installation of the rock and fabric. PW will also be doing some drain tiling into the Paul Fortin Field while we are there to help dry up water issues near home plate and along the first base line. • PW will also be doing some work on the skating rink near the Community Center. There is an old storm pipe that is draining the rink and making it very hard to make any kind of decent ice when it freezes. MISCELLANEOUS • PW once again helped with setting up and tearing down for Medina Celebration Day, as well as getting the park all prepped for Saturday. • PW has been dealing with a few issues that have come up with the City Hall project. It is nice to have a plumber on staff to help with some of those items. ORDER CHECKS SEPTEMBER 7, 2016 - SEPTEMBER 20, 2016 044826 CENTURYLINK $199.31 044827 COMMERCIAL ASPHALT CO. $3,585.00 044828 HAMEL ATHLETIC CLUB $500.00 044829 HIRMAN, STEVEN & KARI $250.00 044830 JP SALEA GROUP $150.00 044831 MEDINA GOLF & COUNTRY CLUB $47.59 044832 PRIMROSE SCHOOL -WEST PLYMOUTH $250.00 044833 PUI, HYONJU/JONATHAN $150.00 044834 RELEVANT CHURCH $250.00 044835 MN DVS $49.75 044836 CENTERPOINT ENERGY $212.58 044837 CITY OF MAPLE PLAIN $3,736.87 044838 MATTAMY MPLS PRTNSHP $10,000.00 044839 NORTHERN TECHNOLOGIES INC $407.00 044840 PUNNAMARAJU, DHAVALA $250.00 044841 SPANGRUD, NECOLE $250.00 044842 UNITED STATES MARSHAL SERVICE $1,289.57 044843 ABRA AUTO BODY & GLASS LP $1,037.85 044844 AFO CONSULTANTS $3,640.00 044845 BLUE CROSS BLUE SHIELD OF MN $33,233.00 044846 DESIGNING NATURE, INC. $286.00 044847 EARL F ANDERSEN INC $280.01 044848 ECM PUBLISHERS INC $39.58 044849 EQUIFAX $7.99 044850 ESS BROS. & SONS, INC. $2,615.00 044851 EULL'S MANUFACTURING CO. $777.40 044852 FERGUSON ENTERPRISES INC $33.98 044853 FINELINE CONCRETE CUTTING INC $990.00 044854 FORTERRA BUILDING PRODUCTS $2,708.95 044855 GOPHER STATE ONE CALL $1,008.45 044856 GRAFIX SHOPPE $885.00 044857 HAMEL LUMBER INC $420.66 044858 HD SUPPLY WATERWORKS LTD $3,223.91 044859 HENN COUNTY INFO TECH $1,087.49 044860 HENN COUNTY SHERIFF $141.12 044861 INTERSTATE ALL BATTERY $219.95 044862 IYAWE AND ASSOCIATES $56,786.25 044863 J.O.T.S. COMPUTER SERVICES INC $281.25 044864 KD & COMPANY RECYCLING INC $443.49 044865 LARKIN AUTO $960.12 044866 LEAGUE OF MINNESOTA CITIES $6,192.00 044867 CITY OF LORETTO $325.00 044868 CITY OF MAPLE PLAIN $3,081.85 044869 METROPOLITAN COUNCIL $95,945.85 044870 MIDWEST ASPHALT CORPORATION $122.50 044871 MN CHIEFS OF POLICE ASSN $31.90 044872 MN DEPT OF LABOR/INDUSTRY $10.00 044873 OFFICE DEPOT $298.85 044874 CITY OF ORONO $3,643.45 044875 PEARSON BROS., INC. $166,128.70 044876 VOID $0 044877 SAM'S CLUB $92.49 044878 JAMIE R WIOME $5,533.34 044879 STREICHER'S $481.70 044880 UFC FARM SUPPLY $19.97 044881 VOID $0 044882 WRIGHT HENN COOP ELEC ASSN $5,003.92 044883 RAINBOW PARTY ARTS $440.00 044884 USA GOLF GAMES INC $557.10 Total Checks $420,593.74 REPLACES #44604 REPLACES #44808 MOVED TO EARLY RELEASE MOVED TO EARLY RELEASE ELECTRONIC PAYMENTS SEPTEMBER 7, 2016 — SEPTEMBER 20, 2016 003811E VOID $0.00 003812E PR PERA $14,122.06 003813E PR FED/FICA $15,656.96 003814E PR MN Deferred Comp $2,360.00 003815E PR STATE OF MINNESOTA $3,194.47 003816E SELECT ACCOUNT $793.12 003817E CITY OF MEDINA $19.00 003818E FARMERS STATE BANK OF HAMEL $20.00 003819E PITNEY BOWES POSTAGE BY PHONE $1,000.00 003820E AFLAC $394.88 003821E CIPHER LABORATORIES INC. $4,753.00 003822E ELAN FINANCIAL SERVICE $3,085.22 003823E FRONTIER $56.17 003824E MEDIACOM OF MN LLC $283.63 003825E PAYMENT SERVICE NETWORK INC $343.15 003826E PIVOTAL PAYMENTS INC $330.11 003827E CITY OF PLYMOUTH $703.02 003828E PREMIUM WATERS INC $106.34 003829E CULLIGAN-METRO $32.75 003830E SELECT ACCOUNT $989.22 003831E SELECT ACCOUNT $77.50 Total Electronic Checks $48,320.60 PAYROLL DIRECT DEPOSIT SEPTEMBER 7, 2016 507393 ALTENDORF, JENNIFER L $1,314.63 507394 ANDERSON, JOHN G $230.87 507395 BARNHART, ERIN A. $1,974.67 507396 BELLAND, EDGAR J $2,537.48 507397 BOECKER, KEVIN D. $2,488.84 507398 CONVERSE, KEITH A $1,907.19 507399 COUSINEAU, LORIE K. $230.87 507400 DINGMANN, IVAN W $1,844.77 507401 DOMINO, CHARMANE $1,766.60 507402 ENDE, JOSEPH $1,567.23 507403 FINKE, DUSTIN D. $2,110.19 507404 GALLUP, JODI M $1,667.32 507405 GLEASON, JOHN M. $1,805.75 507406 GREGORY, THOMAS $1,825.05 507407 HALL, DAVID M. $2,010.89 507408 JESSEN, JEREMIAH S $1,966.67 507409 JOHNSON, SCOTT T. $2,226.35 507410 KLAERS, ANNE M $1,116.32 507411 LANE, LINDA $1,506.20 507412 LEUER, GREGORY J. $1,865.79 507413 MARTIN, KATHLEEN M $230.87 507414 MCGILL, CHRISTOPHER R. $1,435.40 507415 MCKINLEY, JOSHUA D $1,327.99 507416 MITCHELL, ROBERT G. $327.07 507417 NELSON, JASON $2,889.01 507418 PEDERSON,JEFF $221.28 507419 PETERSON, DEBRA A. $1,614.15 507420 REINKING, DEREK M $1,625.75 507421 SCHERER, STEVEN T. $2,259.36 507422 STAPLE, AMANDA $185.44 507423 VIEAU,CECILIA M. $1,122.81 Total Payroll Direct Deposit $47,202.81 SOFTWARE SKIP