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
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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
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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
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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
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(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)
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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
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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
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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
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(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
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(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
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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
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(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
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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
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(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
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(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
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(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