HomeMy WebLinkAbout2015-11-12 CC Packet terviffe CITY OF CENTERVILLE COUNCIL MEETING &
CLOSED EXECUTIVE SESSION AGENDA
Thursday, November 12, 2015 — Set Agenda = Red
6:30 p.m. or shortly thereafter
OPEN FORUM 6:30 P.M.: An opportunity for members of the public to address the City Council on items not on
the current agenda. Items requiring Council action may be deferred to Staff or Boards and Commissions for research
and future Council Agendas if appropriate. You will be limited to two (2) minutes and we ask that you conduct
yourself in a professional, courteous manner and refrain from the use of profanity. Failure to abide by this policy
may result in the loss of your privilege to speak. Persons wishing to speak will be required to complete a sign-up
sheet and give it to the Mayor or a Staff person prior to 6:15 p.m.
COUNCIL MEETING
I. CALL TO ORDER
1. Roll Call
II. PLEDGE OF ALLEGIANCE
III. APPOINTMENTS/PRESENTATION
1. Ms.Julie Jeppson,Development Director, Stepping Stone Emergency Housing
(Page 1)
2. Mr. Lou Suski, Gaughan Companies & Mr. Dan Huffman, ISD# 12
a. Purchase Offer— 1737 Main Street & Abutting Property (Page 1)
IV. PUBLIC INPUT
V. APPROVAL OF AGENDA
VI. APPROVAL OF MINUTES
1. October 28, 2015 City Council Meeting Minutes "Will Entail"
VII. CONSENT AGENDA
1. City of Centerville October 28,2015 through November 12, 2015 Claims
(Check#29812-29830) (Pages 2-3)
2. Centennial Fire District Claims through November 2,2015 (Check#7183-7194)
(Page 4)
3. Successful Performance Review, Mr. Tedd Peterson, Public Works Maintenance
Technician—(Completion of 16 years)
4. Approve SCADA Remote Dialer Upgrade,Hallfield Controls (Pages 5-7)
5. Parks & Recreation Committee Recommendation to Purchase (2) Coffee Pots and
Popcorn Machine (Page 8)
6. Approve Replacement of Outside Lighting @ P.W. Maintenance Facility (LED)
(Pages 9-13)
VIII. OLD BUSINESS
IX. NEW BUSINESS
1. Discussion on Purchase Agreement— 1737 Main Street& Abutting Property
2. 1709 Main Street—Ind. School Dist.#12 Condemnation Notice (Pages 14-33)
3. Centerville Elementary Parking Lot Design
4. Planning& Zoning Commission Recommendation to Adopt Chapter 155: Flood
Damage Prevention (Pages 34-82)
5. Planning & Zoning Commission Recommendation to Adopt Chapter 156.166,
Second Series Amendment to Parking Requirements for Other Industrial or
Warehousing(Pages 83-89)
6. Revised Grading Plan—Pheasant Marsh Third Addition Vacant Lots (Page 90)
7. 2016 Liquor& Tobacco Renewal Licensing(Subject to Successful Review &
Background Checks by Police Dept. & All Delinquent Property taxes and
Municipal Utilities Being Paid) (Page 91)
a. CenterMart—Tobacco
b. Corner Express—Tobacco
C. Kelly's Korner—On Sale, Off Sale & Sunday Liquor
d. Wiseguys Pizza—On Sale & Sunday Liquor
e. Main Street Liquor Barrel—Off Sale Liquor& Tobacco
f. Platinum Liquor—Off Sale Liquor& Tobacco
g. Southern Rail—On-Sale, Off-Sale, Sunday Liquor
X. COUNCIL & ADMINISTRATION ANNOUNCEMENTS
1. Administrator Ericson
a. TED
2. Council
Engineer Statz—Advertisement for Bids (Pages 92-94)
CLOSED EXECUTIVE SESSION (Pending Litigation)
I. CALL TO ORDER
1. Roll Call
II. ITEMS OF DISCUSSION
1. 7258 Mill Road
2. Ruffridge Johnson Purchase Agreement, 2065 Commerce Drive
III. ADJOURNMENT
XI. ADJOURNMENT
*REMINDERS**
Planning& Zoning Commission Meeting—December 1, 2015, 6:30 p.m. (Council Chambers)
Parks & Recreation Committee Meeting—December 2, 2015, 6:30 p.m. (Council Chambers)
City Council Meeting—November 24, 2015, 6:30 p.m. (Council Chambers), P.H. Delinquent
Utilities/Maintenance
11 Council Meeting—December 9, 2015, 6:30 p.m. (Council Chambers)
,cs & Recreation—January 9, 2016 - Family Skate Night, LaMotte Park (6:30 p.m. —9:00 p.m.)
Parks &Recreation—February 6, 2016 - Family Skate Night, LaMotte Park(Hayrides 6:30 p.m. —8:30
p.m.,popcorn, hot cocoa and bonfire(6:30 p.m. —9:00 p.m.)
ST40Stepping Stone Emergency Housing
3300 411 Avenue North
EMERG Cronin Building#14
oft10Anoka,MN 55303
763-323-7006`www.steppingstoneeh.org
Tuesday,August 11, 2015
Centerville City Hall
Mike Ericson,City Administrator
1880 Main Street
Centerville, MN 55038
Subject: Partnership with Stepping Stone to assist the homeless.
Stepping Stone Emergency Housing is the only licensed homeless shelter in Anoka County,serving youth and adults 18
and older. For 2015,we estimate to serve over 600 men and women,which is a 30%increase from 2014.Of these 600
guests,0%will be coming from Centerville and the surrounding communities of.
For our guests,Stepping Stone is a temporary home where we not only provide for their basic needs,but also work
collaboratively to get at the root cause of their homelessness. Once this has been determined,we walk along side of
our guests, providing them with one-of-kind resources,programs and services with the goal of laying the foundation
for self-sufficiency.As one policy maker from MN Department of Housing said, "There is nothing like[Stepping Stone]
in the state,and I'd be hard-pressed to find anything like[Stepping Stone] in the country."
I am making a formal request to be on the city's next meeting agenda. During my allotted time I look forward to
presenting Stepping Stone's mission and benefit to your community,as well as request support from the City of
Centerville to support our mission and benefits.The funds given would be put towards our general operating expenses
for the shelter,which ultimately would be used to support our guests so that they will never need to experience
homelessness again.Again,during my allotted time, I look forward to sharing with you how our resources are
respectfully used.
Kindest regards,
w X21,
Julie Jep o
Devel pment Director
763-277-8301—direct
763-354-4709—cell
1
CITY OF CENTERVILLE 11/06/15 8.43 A6
Page
Check Detail - November 12, 2015
Check
Date Check# Vender Name Comments Amount
11/6/2015 000806E MINNESOTA DEPT OF REVENUE STATE W/H-PAY PERIOD 22
Check Nbr 000806 MINNESOTA DEPT OF REVENUE $980.93
11/6/2015 000807E WELLS FARGO H.S.A.W/H-PAY PERIOD 22
Check Nbr 000807 WELLS FARGO $1,052.07
11/6/2015 000808E PERA PERA W/H-PAY PERIOD 22
Check Nbr 000808 PERA $2.620.89
11/6/2015 000809E IRS/EFTPS FED.W/H-PAY PERIOD 22 $2,730.77
11/6/2015 000809E IRS/EFTPS FICA-MED-W/H-PAY PERIOD 22 $3,287.52
Check Nbr 000809 IRS/EFTPS $6,018.29
11/4/2015 029812 POSTMASTER 2015 SEPT&OCT UTLITY BILLING $187.23
11/4/2015 029812 POSTMASTER 2015 SEPT&OCT UTLITY BILLING $187.23
11/4/2015 029812 POSTMASTER 2015 SEPT&OCT UTLITY BILLING $187.23
Check Nbr 029812 POSTMASTER $561.69
11/12/2015 029813 ALEXANDRA HOUSE 2015 PROFESSIONAL SERVICES
Check Nbr 029813 ALEXANDRA HOUSE $2.657.00
11/12/2015 029814 BUNKER PARK STABLES,INC. P&R SKATE NIGHT-TRAVEL HAYRIDE-2-6-16 630 TO 830-
Check Nbr 029814 BUNKER PARK STABLES.INC. $100.00
11/12/2015 029815 CENTENNIAL LAKES POLICE DEPT 2015-NOVEMBER-POLICE SERVICES
Check Nbr 029815 CENTENNIAL LAKES POLICE DEPT $60.627.92
11/12/2015 029816 CITY OF CENTERVILLE-MASTERCA OPERATING SUPPLIES $235.93
11/12/2015 029816 CITY OF CENTERVILLE-MASTERCA G. BURMEISTER-BBE EROSION SEMINAR $115.00
11/12/2015 029816 CITY OF CENTERVILLE-MASTERCA FUEL $397.21
11/12/2015 029816 CITY OF CENTERVILLE-MASTERCA OPERATING SUPPLIES $118.73
11/12/2015 029816 CITY OF CENTERVILLE-MASTERCA FUEL $104.78
11/12/2015 029816 CITY OF CENTERVILLE-MASTERCA PRE-STAMP ENVELOPES(WINDOWS&NON WINDOWS) $578.40
11/12/2015 029816 CITY OF CENTERVILLE-MASTERCA ENDICA FEES '95
Check Nbr 029816 CITY OF CENTERVILLE-MASTERCA A
11/12/2015 029817 CITY OF CIRCLE PINES 2015-NOV-POLICE BLDG PAYMENT $S,vJ0.00
11/12/2015 029817 CITY OF CIRCLE PINES 2015-NOV-POLICE BLDG PAYMENT $235.73
Check Nbr 029817 CITY OF CIRCLE PINES $5,235.73
11/12/2015 029818 CONNEXUS ENERGY 6800 20TH SCADA-SERV THRU 10-20-15 $8.81
11/12/2015 029818 CONNEXUS ENERGY 2085 W CEDAR ST-SERV THRU 10-15-15 $291.36
11/12/2015 029818 CONNEXUS ENERGY STREET LIGHTS-SERV THRU 10-22-15 $107.35
11/12/2015 029818 CONNEXUS ENERGY STREET LIGHTS-SERV THRU 10-22-15 $75.25
11/12/2015 029818 CONNEXUS ENERGY 6800 20TH SCADA-SERV THRU 10-20-15 $8.80
11/12/2015 029818 CONNEXUS ENERGY 6900 20TH AVE-LIFT STATION-SERV THRU 10-15-15 $54.50
11/12/2015 029818 CONNEXUS ENERGY 7100 20TH AVE-TRAFSG-SERV THRU 10-22-15 $73.96
11/12/2015 029818 CONNEXUS ENERGY 7087 20TH AVE S-WATER TOWER-SERV THRU 10-15-15 $23.06
Check Nbr 029818 CONNEXUS ENERGY $643.09
11/12/2015 029819 GOPHER STATE ONE CALL INC OCTOBER 2015 SERVICE $70.32
11/12/2015 029819 GOPHER STATE ONE CALL INC OCTOBER 2015 SERVICE $70.33
Check Nbr 029819 GOPHER STATE ONE CALL INC $140.65
11/12/2015 029820 HUGO AREA BUSINESS ASSOCIATION MEMBERSHIP FEES
Check Nbr 029820 HUGO AREA BUSINESS ASSOCIATION $150.00
11/12/2015 029821 ICMA ICMA MEMBERSHIP DUES- M. ERICSON
Check Nbr 029821 ICMA $748.80
11/12/2015 029822 INTEGRA P.W. PHONE SERV THRU 11-22-15
Check Nbr 029822 INTEGRA $82.58
2
CITY OF CENTERVILLE 11/06/15 8:43 AN
Page
Check Detail - November 12, 2015
Check
Date Check# Vender Name Comments Amount
11/12/2015 029823 INTERNATIONAL UNION OF OPERATI NOV. 2015 UNION DUES
Check Nbr 029823 INTERNATIONAL UNION OF OPERATI $100.50
11/12/2015 029824 LEAGUE OF MN CITIES INS TRUST ADD LOCATION-MUNICIPALITY ANNUAL PAY PLAN
Check Nbr 029824 LEAGUE OF MN CITIES INS TRUST $30.00
11/12/2015 029825 MCMONIGAL,MICHAEL REFUND PYMNT-PREVIOUS OWNER PD FINAL BILL
Check Nbr 029825 MCMONIGAL. MICHAEL $102.36
11/12/2015 029826 NATIONWIDE RETIREMENT SOLUTION DEF COMP-PAY PERIOD 22 $100.28
11/12/2015 029826 NATIONWIDE RETIREMENT SOLUTION DEF COMP-PAY PERIOD 21 $100.28
Check Nbr 029826 NATIONWIDE RETIREMENT SOLUTION $200.56
11/12/2015 029827 PRESS PUBLICATIONS AMEND 155 FLOOD PREV
Check Nbr 029827 PRESS PUBLICATIONS $33.76
11/12/2015 029828 SHARPER HOMES 6738 BEAVER POND WAY- 14-060-PARTIAL ESCROW $3,800.00
11/12/2015 029828 SHARPER HOMES 1668(1666) HUNTERS RIDGE LN- 15-044-PARTRIAL ESCROW $3,800.00
11/12/2015 029828 SHARPER HOMES 6739 BEAVER POND WAY-15-007-PARTIAL ESCROW RELEASE3$ .800.00
Check Nbr 029828 SHARPER HOMES $11.400.00
11/12/2015 029829 VANTAGEPOINTTRANSFER AGENT DEF COMP W/H-PAY PERIOD 22 $300.00
11/12/2015 029829 VANTAGEPOINTTRANSFER AGENT DEF COMP W/H-PAY PERIOD 21 $300.00
Check Nbr 029829 VANTAGEPOINTTRANSFER AGENT $600.00
11/12/2015 029830 WHITE BEAR LOCKSMITH PADLOCKS(6)
Check Nbr 029830 WHITE BEAR LOCKSMITH $70.86
Total checks$95,717.68
3
CENTENNIAL FIRE DISTRICT Check Register-FIRE GL Page: 1
Check Issue Dates: 10/16/2015-11/2/2015 Nov 02,2015 04:03PM
Report Criteria:
Report type: Summary
GL Check Check Vendor Description Check
Period Issue Date Number Number Payee Amount
11/15 11/02/2015 7183 10775 ANOKA CO GOVERNMENT CEN DISTRICT MAPS 128.25
11/15 11/02/2015 7184 20370 BOUND TREE MEDICAL LLC MEDICAL SUPPLIES 439.95
11/15 11/02/2015 7185 30500 CENTURY LINK STATION 3 PHONE 58.25
11/15 11/02/2015 7186 31137 CONNEXUS ENERGY SEPT ELECTRIC STATION 1 588.19
11/15 11/02/2015 7187 50120 EMERGENCY APPARATUS MAI ENGINE 31 REPAIR PART 233.00
11/15 11/02/2015 7188 50135 EMERGENCY RESPONSE SOL PPE 894.36
11/15 11/02/2015 7189 110300 KIRVIDA FIRE, INC 1995 FREIGHTLINER REPAIR 1,550.38
11/15 11/02/2015 7190 130020 MARCO, INC COPIER MTC CONTRACT 207.22
11/15 11/02/2015 7191 131470 MUNICIPAL EMERGENCY SERV STRUCTURAL GLOVES 370.91
11/15 11/02/2015 7192 180600 CITY OF ROSEVILLE NOV PHONE 963.07
11/15 11/02/2015 7193 220200 VERIZON WIRELESS COMMUNICATIONS 213.93
11/15 11/02/2015 7194 220225 VIKING ELECTRIC SUPPLY SALES TAX 47.13
Grand Totals: 5,694.64
M = Manual Check,V=Void Check
4
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Centerville Proposal
Remote Dialer Upgrade
Release 1.0
Copy Holder
Paul Palzer Centerville Centerville, MN
Jeff Wakefield Hallfield Controls Robbinsdale, MN
Lynn Savage Hallfield Controls Robbinsdale, MN
Revision History
Quotation Reference Number
CV_10132015_1030
Action Date Revision
Initial quote 11/04/2015 1.0
1.1
Centerville Proposal Prepared November 4,2015 hfc• 1
5
A$Z on ro s
Terms and Conditions
These terms and conditions,the attendant quotation or acknowledgment,and all documents incorporated by reference therein,binds Seller
(Hallfield Controls, Inc.) hereinafter Seller, and the buyer, hereinafter Buyer, and constitutes the entire agreement(Agreement) between
Buyer and Seller for the provision of services(Services)and/or the sale of goods(Goods).
1. PRICES: Unless otherwise specified by Seller, Seller's price for the Goods and/or Services shall remain in effect for thirty(30)days
after the date of Seller's quotation or acceptance of the order for the Goods/Services,whichever is delivered first,provided an unconditional,
complete authorization for the immediate manufacture and shipment of the Goods and/or provision of Services pursuant to Seller's standard
order processing procedures is received and accepted by Seller within such time period. If such authorization is not received by Seller within
such thirty (30) day period, Seller shall have the right to change the price for the Goods/Services to Seller's price in effect for the
Goods/Services at the time the order is released to final manufacture. Notwithstanding any of the foregoing to the contrary, the price for
Goods/Services sold by Seller,but manufactured by others,shall be Seller's price in effect at the time of shipment to Buyer.
2. DELIVERY, ORDER ACCEPTANCE AND DOCUMENTATION: All shipping dates are approximate and are based upon Seller's
prompt receipt of all necessary information from Buyer to properly process the order. Notwithstanding any provisions to the contrary in this
or other documents related to this transaction,and regardless of how price was quoted,whether FOB, FAS,CIF or otherwise, legal title to
the Goods and risk of loss thereto shall transfer to Buyer as follows:for sales in which the end destination of the Goods is within the United
States, upon delivery to the freight carrier at the shipping point;for sales in which the end destination of the Goods is outside of the United
States, immediately after the Goods have passed beyond the territorial limits of the United States. Seller shall provide Buyer with that
data/documentation which is specifically identified in the quotation. If additional copies of data/documentation or non-standard
data/documentation are to be provided by Seller,they shall be provided to Buyer at Seller's price then in effect.
a. EXCUSE OF PERFORMANCE: Seller shall not be liable for delays in performance or for non-performance due to acts of God,war,
riot, fire, terrorism, labor trouble, unavailability of materials or components, explosion, accident, compliance with governmental requests,
laws,regulations,orders or actions,or other unforeseen circumstances or causes beyond Seller's reasonable control.
a. TERMINATION AND SUSPENSION BY BUYER: Buyer may terminate or suspend its order for any or all of the Goods/Services
covered by the Agreement, provided that Buyer gives Seller reasonable advance written notice of such termination or suspension and
reimburses Seller for all losses,damages,costs and expenses arising from such termination or suspension
5. LIMITED WARRANTY: Subject to the limitations contained in Section 6 herein,Seller warrants that the licensed firmware embodied in
the Goods will execute the programming instructions provided by Seller, and that the Goods manufactured or Services provided by Seller
will be free from defects in materials or workmanship under normal use and care until the expiration of the applicable warranty period.
Goods are warranted for twelve(12)months from the date of initial installation or eighteen(18)months from the date of shipment by Seller,
whichever period expires first. Consumables and Services are warranted for a period of 90 days from the date of shipment or completion of
the Services Products purchased by Seller from a third party for resale to Buyer("Resale Products")shall carry only the warranty extended
by the original manufacturer. Buyer agrees that Seller has no liability for Resale Products beyond making a reasonable commercial effort to
arrange for procurement and shipping of the Resale Products. If Buyer discovers any warranty defects and notifies Seller thereof in writing
during the applicable warranty period, Seller shall, at its option, correct any errors that are found by Seller in the firmware or Services or
repair or replace F.O.B. point of manufacture that portion of the Goods or firmware found by Seller to be defective,or refund the purchase
price of the defective portion of the Goods/Services. All replacements or repairs necessitated by inadequate maintenance,normal wear and
usage, unsuitable power sources or environmental conditions, accident, misuse, improper installation, modification, repair, storage or
handling,or any other cause not the fault of Seller are not covered by this limited warranty,and shall be at Buyer's expense. Seller shall not
be obligated to pay any costs or charges incurred by Buyer or any other party except as may be agreed upon in writing in advance by Seller
All costs of dismantling, reinstallation and freight and the time and expenses of Seller's personnel and representatives for site travel and
diagnosis under this warranty clause shall be bome by Buyer unless accepted in writing by Seller Goods repaired and parts replaced by
Seller during the warranty period shall be in warranty for the remainder of the original warranty period or ninety (90)days, whichever is
longer. This limited warranty is the only warranty made by Seller and can be amended only in a writing signed by Seller. THE
WARRANTIES AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE. THERE ARE NO REPRESENTATIONS OR WARRANTIES OF
ANY KIND, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR ANY OTHER MATTER
WITH RESPECT TO ANY OF THE GOODS OR SERVICES.
6. LIMITATION OF REMEDY AND LIABILITY: SELLER SHALL NOT BE LIABLE FOR DAMAGES CAUSED BY DELAY IN
PERFORMANCE. THE REMEDIES OF BUYER SET FORTH IN THIS AGREEMENT ARE EXCLUSIVE. IN NO EVENT, REGARDLESS
OF THE FORM OF THE CLAIM OR CAUSE OF ACTION(WHETHER BASED IN CONTRACT, INFRINGEMENT,NEGLIGENCE, STRICT
LIABILITY,OTHER TORT OR OTHERWISE),SHALL SELLER'S LIABILITY TO BUYER AND/OR ITS CUSTOMERS EXCEED THE PRICE
TO BUYER OF THE SPECIFIC GOODS MANUFACTURED OR SERVICES PROVIDED BY SELLER GIVING RISE TO THE CLAIM OR
CAUSE OF ACTION. BUYER AGREES THAT IN NO EVENT SHALL SELLER'S LIABILITY TO BUYER AND/OR ITS CUSTOMERS
EXTEND TO INCLUDE INCIDENTAL,CONSEQUENTIAL OR PUNITIVE DAMAGES. THE TERM"CONSEQUENTIAL DAMAGES"SHALL
Centerville Proposal Prepared November 4,2015 hfc• 3
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damages, arising from use of Goods and Services in any nuclear or nuclear related applications,whether the cause of action be based in
tort,contract or otherwise,including allegations that the Sellers liability is based on negligence or strict liability.(g)The 1980 United Nations
Convention on Contracts for the Intemational Sale of Goods does not apply to this Agreement. (h) If any provision of the Agreement is
invalid under any statute or rule of law,such provision,to that extent only,shall be deemed to be omitted without affecting the validity of the
remainder of the Agreement.
Centerville Proposal Prepared November 4,2015 hfc•5
7
Cart
Item Per Unit Quantity Price
Thrifty Popcorn Poppers $41730 $41730
ProductlD PAR-1108510 El
Sold as 1 EA Packed as 1
Save Cart Save to Order Guide Subtotal $41730
Enter PO Number
Name this Order Enter Discount Code
Checkout On Behalf Of Lt
Location CHOMONDC GOLF COURSE Shipping $41 73
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Don't {ss Out v User Chris BettLnger UPS Ground 3E busnessdays-$41 73
V 1[on this weeks � Subtotal $459.03
� hottest items! Salestax w1l be applied by Sysco at time ofinvoicing
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8
Paul Palzer
Mike Ericson
%.c: Teresa Bender
Subject: LED& motion detection Energy saving upgrades at Public Works
Hello Mike—
Attached are quotes for lighting energy savings at the Public Works facilities. Currently none of the outside lights are
working as all of the bulbs that were replaced this spring have burned out due to faulty, corroded and leaking fixtures. I
have asked for two quotes to replace them. We also had an energy audit by Chris Rustad with estimates for this work.
The quote by Aid Electric is below the estimate and 30%cheaper than the next quote. I propose that the Council
approve the replacement of the exterior lighting at public works with LED's per the quote of$4,800.00 from Aid Electric.
The energy savings pay back for this is estimated at 4.6 years.
I am also requesting the Council to approve the installation of 5 motion detectors for inside the building. Currently five
banks of lights are on the entire day and this installation would turn separate banks on as needed for 15 minutes after
the last motion is detected. The estimated payback is 2.54 years. I request Council to approve the Aid Electric quote of
$1,350.00 for this along with the replacement of the one interior wall pack with an LED which is on 24 hours a day for
240.00.
Total cost is$6,390.00, less Connexus rebates of$945.00 would leave a total cost of$5,445.00 with a less than a 4 year
payback period for all.
Paul
a
1
9
TA IDELECTMe
CORPORATION
1622 93'111 Lane NE Blaine, MN 55449-P.763-571-7267, Fax.763-571-4735
"Since 1979"
To: City Centerville-Paul Palzer Pages:1
Fax: Date:September 30,2015
Phone: From:Brian Kovar
Re:Public works Building bdan0aidelectricconv.com
Paul,
Per site review I am pleased to provide a cost for replacing 12-existing 250-watt Metal Halide wall pack
fixtures with new LED 80-watt 8110 Lumen fixtures:
Total labor, material,boom truck cost:$4,800.00
Less Connexus rebate:$720.00
Net cost:$4,080.00
Net yearly energy savings (Approximate based off 4000 hours per year) $890.00 minus maintenance
savings=4.59 year payback on investment not including maintenance savings
Please contact me with further questions
Thank you,
Brian Kovar
President
10
Paul Palzer
rom: Brian Kovar <Brian@aidelectriccorp.com>
ent: Monday, October 05, 2015 1:17 PM
To: Paul Palzer
Subject: shop lights
Paul,
Options for lighting in your shop-office
rA • Provide and install 5—motion sensors for high bay lighting in the warehouse (one sensor per row):$1350.00
minus$200.00 utility rebate=$1,150.00. If you can save the run time by 4-hours per day the payback would be
$451.00+- per year= 2.54 year payback
• Cost to change out one interior 150-watt Metal halide wall pack that stays on all the time to LED 47 watt:
$240.00 minus$25.00 rebate=$215.00 total minus$60.00/year in energy savings
C • Cost to change out one standard Wall switch with motion sensor: $115.00 minus$14.00 rebate per minus
energy savings — (5�
Let me know if you have any further questions
nank you,
Brian Kovar
President
Aid Electric Corp.
1622 93rd Lane NE
Blaine, MN 55449
Phone: 763-571-7267
A I IDELECTRIC
CORPORATION
02014 Aid Electric Corporation—This document is the property of and is proprietary to Aid Electric
Corporation. Unauthorized use, disclosure, or reproduction is strictly prohibited.
This email has been scanned by the Symantec Email Security.cloud service.
For more information please visit http://www.symanteccloud.com
i
11
Nov 05 15 05:58a Don Rivard 651-426-6153 p.1
RIVARR ELECTRIC COMPANY INC.
Phone 651426-2441 FAi 651-426-6153
CITY OF CENTERVILLE
ATT: PAUL (261-5733) (FAX 429-8629)
11-5-2015
JOB: REPLACE OUTSIDE LIGHTS @ MAINTENANCE BUILDING
SUPPLY& INSTALL 9 SLIM37 LED WALL PACKS (37 WATTS)
SUPPLY&INSTALL 3 SLIM57 LED WALL PARKS (57 WATTS)
RECYCLE 12 HID LAMPS
LIFT RENTAL
ELECTRIC INSP. FEE
TOTAL 6255.00
THANK YOU PAUL
12
Paul Palzer
,m: , , Rustad;.Chris-<CRustad@mnchamberxom>
sent: Wednesday, September 30, 2015 11:17 AM
To: Mike Ericson; Paul Palzer
Subject: 2085 W Cedar Street- Energy Smart Report
Attachments: 1st level lamps only.pdf; 1st Level.pdf,2nd level and garage.pdf; Exterior Wallpacks -
150W MH to 50W LED.pdf; LEDLightingConnexus.pdf
Greetings Mike and Paul,
Thanks for the opportunity to visit the Centerville City Hall location at 2085 W Cedar Street. I put together some
estimates for you to look over when you get a chance.The est_ imated installation costs are based on past projects that
have come through our program. It's important for me to emphasize that these are only estimates and that any
proposal or product information would first need to be confirmed with Connexus. Feel free to look over the attached
spreadsheets if you would like to review this information in greater detail.
T8 LEDs
Consider replacing your current fluorescent T8 lamps with T8 LEDs.T8 LED lamps, being made up of directional LED
components,don't waste light by bouncing it up toward the ceiling but direct almost all of it downward.This is why,
even though fluorescents tube lights quote a higher number of lumens, LED tube lights can deliver more usable light to
the work surface.The T8 lamp is available in a wide array of color temperatures and is compatible with more than go
,�rcent of existing fluorescent ballasts.Some T8 options eliminate the need for ballasts all together.The T8 lamp is
sy to install and fits into linear fluorescent fixtures, making it a perfect upgrade solution where energy savings and
long life are critical—immediately saving up to 30%in energy costs when compared to 32W fluorescent T8s.Connexus
currently offers a$6.00 per lamp rebate for T8 LEDs of 18W or less. For the high bay application the T8 LEDs are of a
higherwattage,which would require applying for a rebate through Connexus'Custom rebate program.
Exterior Wall Packs—15OW Metal Halide to 50W LED
Estimated Estimated Estimated Annual Simple
Total Cost Connexus Final Cost Savings payback
j.4 Rebate
$4,500 $540 $3,96o $4o8 9.71 years
�Z �,'� Cosi r;;,Cc.> .lam `�5;iy-�. ' �5'h"a�� �•���
s:Level Lighting—Includes esti m ted labor cost
Estim ed Estimate stimated -,Annual_ le
Total Co Connexus Final Cost 5' vir)gs p ck
Rebate
$624 ,496 :$214 . 11.68 year
1st L el Li htjqg—T8 LED lam -only*
Esti at d tim ted Eim ted gnu I Si le
Tota st Co nexus Fin I Cost Sa gs pajrback
b e
$1;664 $624 1,04 14 /4.86 years
1
13
Kevin J.Rupp
Scott T.Anderson
Jay T.Squires*ty;
Michael J.Waldspurger* Rupp, ANDERSON, SQUIRES
Amy E.Mace
Trevor S.Helmers* & WALDSPURGER, Pi A.
Tessa S.Wagner
John P.Edison
Liz J.Vieira
Kristin C.Nierengarten
Kelly J.Burns
Rachel A.Centinario*
Alice D.Kirkland
*Also Admitted in Wisconsin
tReal Property Specialist Certified by `
the MN State Bar Association
October 28, 2015
Via Personal Service and Certified Mail
Teresa Bender
City Clerk
City of Centerville
1880 Main Street
Centerville, MN
RE: Independent School District No. 12 v. Steffel et al.
Our File No. 00 12-003 6
Dear Ms. Bender:
Enclosed herewith and served upon you please find the Independent School
District No. 12's Petition in Condemnation and Notice of Intent to Take Title to and
Possession of Property in Accordance with Minn. Stat. § 117.042. This condemnation
matter relates to property located at 1709 Main Street, Centerville, Minnesota.
Very Truly Yours,
Q""�
Jay T. Squires
John P. Edison
Enclosures
cc: Dan Huffman
RASW: 45215
527 Marquette Avenue South, Suite 1200, Minneapolis, MN 55402
office (612) 436.4300 * fax (612) 436.4340 • raswlaw.com
14
Kevin J.Rupp
Scott T.Anderson
Jay T. Squires*t 3
Michael J.Waldspurger* Rupp, ANDERSON, SQUIRES
Amy E.Mace
~evor S.Helmers* & WALDSPURGER, Pi A. 9'
essa S.Wagner
John P.Edison
Liz J.Vieira
Kristin C.Nierengarten
Kelly J.Burns
Rachel A.Centinario*
Alice D.Kirkland
*Also Adantted in Wisconsin
tReal Property Specialist Certified by
the MN State Bar Association
October 28, 2015
Via Messenger
Lori Meyer
Court Administrator
Anoka County Courthouse
325 East Main Street
Anoka, MN 55303-2489
RE: Independent School District No. 12 v. Steffel et al.
Our File No. 0012-0036
Dear Ms. Meyer:
Enclosed herewith for filing in the above-referenced matter please find the
following documents:
1. Petition in Condemnation;
2. Notice of Intent to Take Title to and Possession of Property in Accordance
with Minn. Stat. § 117.042;
3. Civil Cover Sheet; and
4. Affidavit of Service by Certified Mail.
In addition, enclosed please find a check in the amount of$322 to cover the initial filing
fee.
Very Truly Yours,
(J�
Ja T. Squires
John P. Edison
Enclosures
527 Marquette Avenue South, Suite 1200, Minneapolis, MN 55402
office (612) 436.4300 * fax (612) 436.4340 * raswlaw.com
15
Ms. Meyer
October 27, 2015
Page 2
cc: Dan Huffinan
Paul H. Steffel
Paul H. Steffel (on behalf of Paul H. Steffel Properties, LLC)
Adam Duininck
Teresa Bender
Larry Albert
Rhonda Sivarajah
Patricia Preiner
RASW: 45217
16
STATE OF MINNESOTA DISTRICT COURT
ANOKA COUNTY TENTH JUDICIAL DISTRICT
Case Type: 2, Condemnation
Independent School District No. 12, Court File No:
Centennial Public Schools,
Petitioner,
vs.
Paul H. Steffel; Paul H. Steffel PETITION IN CONDEMNATION
Properties, LLC, a Minnesota limited
liability company; Central Bank; City
of Centerville; Metropolitan Council;
Rice Creek Watershed District; Anoka
County as the collector of taxes; and all
other persons unknown claiming any
right, title, estate, interest, or lien in the
real estate described herein,
Respondents.
IN THE MATTER OF THE CONDEMNATION OF CERTAIN
REAL PROPERTY LOCATED IN THE CITY OF CENTERVILLE, ANOKA
COUNTY, STATE OF MINNESOTA, FOR THE PURPOSE OF
USE AS A SCHOOL FACILITY PARKING AREA
TO THE DISTRICT COURT AND ALL ABOVE-NAMED RESPONDENTS:
Independent School District No. 12, Centennial Public Schools ("District) brings
this Petition in Condemnation pursuant to Minnesota Statutes Section 117.005, and
respectfully represents and alleges as follows:
1
17
1. The District is an Independent School District located in Anoka County,
Minnesota, and covering several Minnesota cites, including Centerville,
Minnesota.
2. The District has those powers and rights of eminent domain necessary and
convenient to acquire real property pursuant to Minnesota Statues Section
12313.74 and in the manner outlined in Minnesota Statutes Chapter 117.
3. Paul Steffel ("Steffel") is an individual residing in the State of Minnesota.
According to information available from the Minnesota Secretary of State's
Office, Steffel is also the manager of Paul H. Steffel Properties, LLC.
4. Steffel is the former owner of the real property located at 1709 Main Street,
Centerville, Minnesota, 55038, Property ID 23-31-22-21-0025 ("Property").
5. The Property is legally described as follows: The West 2/3 of Lots 10, 11, & 12,
Block 4, Centerville, Anoka County, Minnesota.
6. The caption to this action lists all persons appearing of record or known to the
District to be owners or interested parties in the Property, including all persons or
entities that the District has been able by investigation and inquiry to discover.
7. On or about April 7, 2015, the District received an Appraisal Report on the
Property.
8. The District provided Steffel with a copy of the Appraisal Report and informed
him of his right to obtain an appraisal at the District's expense in accordance with
the requirements of Minnesota Statutes Section 117.036, subdivision 2.
2
18
9. The District attempted to negotiate in good faith with Steffel for the direct
purchase of the Property in accordance with the requirements of Minnesota
Statutes Section 117.036, subdivision 3. No agreement was reached on the
purchase price for the Property.
10. On September 21, 2015, the District's School Board reviewed the Appraisal
Report, as well as information about negotiations between the District's
administration and Steffel. The School Board then determined that the acquisition
of the Property was necessary to serve a public purpose and was in the interest of
the health, safety, and general welfare of the District and the public. A copy of the
School Board's Resolution is affixed hereto as Exhibit 1.
11. Following the School Board's September 21, 2015 approval of condemnation
proceedings, the District learned that Steffel conveyed the Property to Paul H.
Steffel Properties, LLC, on or about September 18, 2015. The District
affirmatively alleges its negotiations with Steffel, which took place prior to
September 18, 2015, are sufficient to satisfy the requirements in Minnesota
Statutes Section 117.036, subdivision 2 and 3 as they relate to his limited liability
company Paul H. Steffel Properties, LLC.
12. The District is in need of additional parking space for the operation of a school
located on District property ("School Site") abutting the Property and the District
does not currently own sufficient land within the School Site to adequately meet
its parking needs.
3
19
13. The District will use the Property for a public purpose and use, which is the
construction of additional parking space that will serve the School Site.
14. The District intends to take possession of the property in accordance with the
"quick-take"provisions of Minnesota Statutes Section 117.042. Notice of the
District's intent to take possession of the property prior to the filing of an award
by the Court-appointed commissioners will be served on the Respondents along
with this petition.
15. Respondent Central Bank is listed as a party in this matter because it appears to
have an interest the Property in the form of a mortgage (recorded as Document
No. 2116907.005) and an assignment of leases and rents (recorded as Document
No. 2116907.006).
16. Respondents City of Centerville, Metropolitan Council, Rice Creek Watershed
District, and Anoka County are listed as parties in this matter only to the extent
they are taxing authorities in the State of Minnesota.
WHEREFORE, the District requests an order of this Court approving the District's
petition herein and directing:
1. That such proceedings may be had as are provided by law in order that the District
may acquire, by condemnation, the fee simple absolute title to the real property
described in this Petition;
2. That it be adjudicated and determined that the real property sought to be taken is
for a public use and purpose, and that the taking of real property from Paul H.
Steffel Properties, LLC, is necessary and is authorized by law;
4
20
3. That three competent and disinterested persons and two alternates, who are
residents of Anoka County, Minnesota, be appointed as commissioners to
ascertain and report the amount of damages that will be sustained by Paul H.
Steffel Properties, LLC, as a result of the taking;
4. That the Court order and fix the time and place of the first meeting of the
commissioners and set their compensation;
5. That the Commissioners be directed and instructed by the Court to proceed
according to law to make a fair and impartial assessment and award of all damages
that will be sustained by Paul H. Steffel Properties, LLC, by reason of the taking
and timely report the same to this Court;
6. That the District may take title to and possession of the Property prior to the filing
of an award by the Court appointed commissioners in accordance with the "quick-
take"provisions outlined in Minnesota Statutes Section 117.042; and
7. For such other relief as the Court may deem just and equitable.
Respectfully submitted,
RUPP, ANDERSON, SQUIRES &
WALDSPURGER, P.A.
Date:
Ja3fT. Squires (#204699)
John P. Edison(#0391118)
527 Marquette Avenue S., #1200
Minneapolis, MN 55402
Telephone: 612-436-4300
ATTORNEYS FOR INDEPENDENT
SCHOOL DISTRICT NO. 12, CENTENNIAL
PUBLIC SCHOOLS
5
21
ACKNOWLEDGMENT REQUIRED BY
MINN. STAT. 594.211
The undersigned acknowledges that sanctions may be imposed under Minn. Stat.
549.211.
Date:
Jay T. Squires (#204699)
John P. Edison (#0391118)
527 Marquette Avenue S., #1200
Minneapolis, MN 55402
Telephone: 612-436-4300
ATTORNEYS FOR INDEPENDENT
SCHOOL DISTRICT NO. 12, CENTENNIAL
PUBLIC SCHOOLS
RASW: 44030
6
22
RESOLUTION NO. 9.03
RESOLUTION AUTHORIZING AND DIRECTING THE ACQUISITION OF
CERTAIN REAL PROPERTY INTERESTS FOR THE DEVELOPMENT OF
THE WEST TWO-THIRDS OF LOTS 8, 9, 10, 11 and 12, BLOCK 4,
CENTERVILLE, ANOKA COUNTY, MINNESOTA THROUGH THE EXERCISE
OF EMINENT DOMAIN
WHEREAS, the School Board of Independent School District No. 12, Centennial
("School Board") is the official governing body of Independent School District No. 12.
Centennial (the "District"); and
WHEREAS, the District, a Minnesota municipal corporation acting by and
through its School Board, is authorized by law to acquire land and other interests in real
estate which are needed for public use or purpose; and
WHEREAS, the property described in Exhibit A attached hereto ("Affected
Property') abuts property owned by the District; and
WHEREAS, the District is in need of additional parking space for the operation
of the school located on said District property, and the District does not currently have
sufficient land within the District property to adequately meet the need; and
WHEREAS, agents or employees of the District have met with the owner of the
AfTected Property in an effort to reach an agreement upon terms and conditions under
which the School District may acquire title to the Affected Property; and
WHEREAS, the District has obtained an appraisal of the Affected Property, has
provided the appraisal to the owner of the Affected Property, and has offered to acquire
the Affected Property for an amount in excess of the appraised value in an effort to avoid
the need to utilize its Eminent Domain authority; and
WHEREAS, to date. representatives of the District have been unable to reach an
agreement with the owner of the Affected Property on the terms and conditions of a
voluntary acquisition; and
WHEREAS, the School Board finds that it is reasonably necessary. proper, and
convenient. and in the interest of the public health. public safety. and general welfare of
the District that title to and possession of the Affected Property as described in Exhibit A
be acquired through use of the power of eminent domain; and
Page 1 of 2 EXHIBIT
1
23
WHEREAS, the School Board finds that it's plans and schedule for providing
additional parking make it necessary to acquire title to and possession of the Affected
Property as described in Exhibit A,pursuant to Minn. Stat. § 117.042, the"quick take
law", prior to the filing of the final report of the condemnation commissioners to be
appointed by the district court.
NOW, THEREFORE, BE IT RESOLVED, by the School Board for
Independent School District No. 12, Centennial, that:
1. The property described in Exhibit A, attached hereto and made a part hereof as
though fully set forth at this point, shall be acquired for the stated public purposes.
and that the interests shall be acquired, if necessary, through the exercise of the
power of eminent domain.
2. The law firm of Rupp, Anderson, Squires & Waldspurger is authorized and
directed to take all steps necessary on behalf of the District to acquire the property
interest described herein by serving a notice of quick-take under Minn. Stat. §
117.042, together with required appraisal and authorization. filing an action in
eminent domain if necessary, and negotiation of early entry authorization.
School Board Chair
Attest:
School Y oard Clerk
(seal)
Page 2 of 2
24
f
EXHIBIT A
The West Two-thirds of Lots 8, 9, 10, 11 and 12, Block 4, Centerville, Anoka County,
Minnesota
25
STATE OF MINNESOTA DISTRICT COURT
ANOKA COUNTY TENTH JUDICIAL DISTRICT
Case Type: 2, Condemnation
Independent School District No. 12,
Centennial Public Schools, Court File No:
Petitioner,
VS.
Paul H. Steffel; Paul H. Steffel NOTICE OF INTENT TO TAKE TITLE
Properties, LLC, a Minnesota limited TO AND POSSESSION OF PROPERTY IN
liability company; Central Bank; City ACCORDANCE WITH MINN. STAT. §
of Centerville; Metropolitan Council; 117.042
Rice Creek Watershed District; Anoka
County as the collector of taxes; and all
other persons unknown claiming any
right,title, estate, interest, or lien in the
real estate described herein,
Respondents.
To: All Above-Named Respondents.
PLEASE TAKE NOTICE that the Petitioner Independent School District No. 12,
Centennial Public Schools has initiated the above-referenced condemnation matter and
intends to take title to and possession of the following property ("Property") in
accordance with the "quick-take"provisions of Minnesota Statutes Section 117.042:
1709 Main Street, Centerville, Minnesota, Property ID 23-31-22-21-0025,
legally described as The West 2/3 of Lots 10, 11, & 12, Block 4,
Centerville, Anoka County, Minnesota.
1
26
You are hereby notified that the District intends to take title to and possession of the
Property ninety (90) days from the date of this Notice.
RUPP, ANDERSON, SQUIRES &
WALDSPURGER,P.A.
Date:
Jay .. Squires (#204699)
John P. Edison(#0391118)
527 Marquette Avenue S., #1200
Minneapolis, MN 55402
Telephone: 612-436-4300
ATTORNEYS FOR INDEPENDENT
SCHOOL DISTRICT NO. 12, CENTENNIAL
PUBLIC SCHOOLS
RASW: 44055
2
27
State of Minnesota District Court
County of Anoka Judicial District: Tenth
Court File Number:
Case Type: 2, Condemnation
Independent School District No 12
Plaintiff
Civil Cover Sheet
vs (Non-Family Case Type)
Paul H. Steffel et al. Minn.R. Gen.Prac. 104
Respondents
Date Case Filed: October 28, 2015
This civil cover sheet must be filed by the initial filing lawyer or party, if unrepresented by legal
counsel, unless the court orders all parties or their legal counsel to complete this form. Once the
initial civil cover sheet is filed, opposing lawyers or unrepresented parties who have not already
been ordered to complete this form may submit their own cover sheet within ten days after being
served with the initial cover sheet. See Rule 104 of the General Rules of Practice for the District
Courts.
If information is not known to the filing party at the time of filing, it shall be provided to
the Court Administrator in writing by the filing party within seven (7) days of learning the
information. Any party impleading additional parties shall provide the same information to the
Court Administrator. The Court Administrator shall, upon receipt of the completed certificate,
notify all parties or their lawyers, if represented by counsel, of the date of filing the action and
the file number assigned.
ATTORNEY FOR PLAINTIFF ATTORNEY FOR DEFENDANT
Jay T. Squires and John P Edison N/A
Attorney Name Attorney Name
527 Marquette Ave. S #1200
Postal Address Postal Address
Minneapolis,MN 55402
City State Zip Code City State Zip Code
(612)436-4300 )
Telephone Number Telephone Number
CiV117 State ENG 05/13 www.mncourts.gov/forms Page 1 of 4
28
jay-squires@raswlaw.com
iohn.edison(axaswlaw com
E-mail address E-mail address
204699 (Squires)
391118 (Edison)
Minnesota Attorney License No. Minnesota Attorney License No.
PLAINTIFF Self-represented DEFENDANT, Self-represented
N/A Paul H. Steffel
Name Name
7029 20th Avenue South
Postal Address Postal Address
Centerville, MN 55038
City State Zip Code City State Zip Code
Telephone Number Telephone Number
E-mail address E-mail address
(Attach addition sheet for additional attorneys/parties)—See attached list of additional parties.
Note: If either Plaintiff or Defendant gets an attorney, the attorney's name, address, telephone
number and attorney ID number must be given in writing to the Court Administrator
immediately.
1. Provide a concise statement of the case including facts and legal basis:
This is a condemnation matter involving property located at 1709 Main Street in the City
of Centerville, Minnesota. The District seeks to acquire the property for the purpose of building
a parking lot for a school facilily.
2. Date Complaint was served: October 28,2015
3. For Expedited Litigation Track(ELT)Pilot Courts only:
CIV117 State ENG 05/13 www.mncourts.gov/forms Page 2 of 4
29
a. ❑ the parties jointly and voluntarily agree that this case shall be governed by the
Special Rules for ELT Pilot. Date of agreement:
b. ❑ The court is requested to consider excluding this case from ELT for the following
reasons:
Note: ELT is mandatory in certain cases, and where mandatory, exclusion may also be
sought by timely motion under the Special Rules for ELT Pilot.
c. Anticipated number of trial witnesses:
d. Amount of medical expenses to date:
e. Amount of lost wages to date:
f. Identify any known subrogation interests:
4. Estimated discovery completion within N/A months from the date of this form.
5. Disclosure/discovery of electronically stored information discussed with other party?
No.
6. Proposed trial start date: To be determined following Court's appointment of three-
person hearing panel.
7. Estimated trial time: 1 days hours (estimates less than a day must be
stated in hours).
8. Jury trial is: N/A
9. Physical/mental/blood examination pursuant to Minn. R. Civ. P. 35 is requested: N/A
10. Identify any party or witness who will require interpreter services, and describe the
services needed (specifying language, and if known,particular dialect): None known
11. Issues in dispute: To be determined.
12. Case Type/Category: 2, Condemnation
13. Recommended Alternative Dispute Resolution(ADR)mechanism: N/A
(See list of ADR processes set forth in Minn. Gen.R. Prac. 114.02(a))
Recommended ADR provider(known as a"neutral"):
Recommended ADR completion date:
CIV117 State ENG 05/13 www.mncourts.gov/forms Page 3 of 4
30
If applicable, reasons why ADR not appropriate for this case: This is a condemnation matter to
be conducted in accordance with Chanter 117 of the Minnesota Statutes
By signing below,the attorney or party submitting this form certifies that the above information
is true and correct.
Date: J() Z (�
Jay'f Squires (#204699)
John P. Edison(#0391118)
527 Marquette Avenue S., #1200
Minneapolis,MN 55402
Telephone: 612-436-4300
ATTORNEYS FOR INDEPENDENT SCHOOL
DISTRICT NO. 12, CENTENNIAL PUBLIC
SCHOOLS
CIV117 State ENG 05/13 www.mncourts.gov/forms Page 4 of 4
31
4
List of Additional Parties
Paul H. Steffel Properties, LLC
7029 20th Avenue South
Centerville, MN 55038
Central Bank
945 Winnetka Ave. N., Suite 145
Golden Valley, MN 55427
City of Centerville
1880 Main Street
Centerville, MN
Metropolitan Council
390 Robert St. North
St. Paul, MN 55101-1805
Rice Creek Watershed District
4325 Pheasant Ridge Drive NE#611
Blaine, MN 55449-4539
Anoka County
2100 Third Ave.
Anoka, MN 55303
32
AFFIDAVIT OF SERVICE BY CERTIFIED MAIL
STATE OF MINNESOTA )
) ss
COUNTY OF HENNEPIN )
Ann Thorne being duly sworn, states on October 28, 2015, she served the Petition in
Condemnation;Notice of Intent to Take Title to and Possession of Property in Accordance with
Minn. Stat. §117.042; Civil Cover Sheet; and Affidavit of Service by Certified Mail on:
Adam Duininck Paul H. Steffel
ChairMetropolitan Council 7029 20th Avenue South
390 Robert St. North Centerville, MN 55038
St. Paul, MN 55101-1805
Teresa Bender Rhonda Sivarajah
City Clerk County Board Chair
City of Centerville Anoka County Government Center
1880 Main Street 2100 Third Ave.
Centerville, MN 55038 Anoka, MN 55303
Patricia Preiner Larry Albert
Board President Chief Executive Officer
Rice Creek Watershed District Central Bank
4325 Pheasant Ridge Drive NE #611 945 Winnetka Ave. N., Suite 145
Blaine, MN 55449-4539 Golden Valley, MN 55427
Paul H. Steffel
Paul H. Steffel Properties, LLC
7029 20th Avenue South
Centerville, MN 55038
by mailing by certified mail to them a copy thereof, postage prepaid, and by depositing same in
the post office at Minneapolis, Minnesota.
(222'�w 2
Ann Thorne
Subscribed and sworn to before me
wmjanuory
SICA KATHRYN JOHNSONNotary Public this 28th day of October, 2015.
State of Minnesota
y Commission Expires 31. 2019 J1
Notary Public
Court File No. U
Our File No. 0012-0036
RASW:45363
33
CITY OF CENTERVILLE
ANOKA COUNTY, MINNESOTA
ORDINANCE#73
SECOND SERIES
AN ORDINANCE AMENDING CITY CODE, CHAPTER 155, FLOOD DAMAGE
PREVENTION (In its Entirety)
THE CITY COUNCIL OF THE CITY OF CENTERVILLE ORDAINS:
City Code, Chapter 155, Flood Damage Prevention.
The Code was originally drafted by the Department of Natural Resources and modified to
fit the City of Centerville's needs. This code amendment is a result of a Federal
Emergency Management Agency (FEMA), Rice Creek Watershed District and City of
Centerville collaborative effort to update the Flood Insurance Rate Map (FIRM) and is
required to renew the City's participation in the Flood Insurance Program.
The Code is attached hereto and made a part of this document as Exhibit A.
Effective Date: This ordinance shall be effective immediately upon its passage and
publication of the summary attached as Exhibit B, according to law.
PASSED AND DULY ADOPTED this 12th day of November, 2015 by the City Council
of the City of Centerville.
Tom Wilharber, Mayor
ATTEST:
Teresa Bender, City Clerk
34
Exhibit A
Summary of Ordinance 73, Second Series
Notice is hereby given,that on November 12, 2015, Ordinance#73, Second Series,
entitled "AN ORDINANCE AMENDING CITY CODE, CHAPTER 155,FLOOD
DAMAGE PREVENTION (In its Entirety) adopted by the City Council of Centerville,
Minnesota.
Notice is further given that due to the lengthy nature of the ordinance, the City
Council has directed that this title and summary be prepared for publication pursuant to
Minn. Stat. 412.191, Subd. 4.
Notice is further given that a complete printed copy of the ordinance is available
for inspection by any person during normal business hours of the City Clerk, 1880 Main
St., Centerville, MN, or will be mailed to anyone requesting it by telephone(651) 429-
3232.
Notice is further given that the general purpose of the ordinance is to provide for the
update of the Flood Insurance Rate Map (FIRM) and renew the City's participation in the
Flood Insurance Program.
Notice is further given that the Council has by a minimum 4/5 vote approved this
public notice on the 12th day of November, 2015.
Teresa Bender, City Clerk
Published in the Citizen on , 2015
35
CITY OF CENTERVILLE
PUBLIC HEARING NOTICE
NOTICE IS HEREBY GIVEN that the Planning and Zoning Commission of the City of
Centerville, Minnesota will be meeting and consider resident input regarding proposed
City Code amendment to Chapter 155: Flood Damage Prevention as required by FEMA
associated with map revisions on November 2, 2015 in City Hall Council Chambers
located at 1880 Main Street, Centerville, Minnesota 55038 commencing at 6:30 p.m. or
shortly thereafter.
The City Hall is ADA accessible. Requests for hearing assisted devices or a sign
language interpreter must be received before 4:00 p.m., October 30, 2015. All persons
interested are invited to attend and to be heard, verbally or in writing. You may call City
Hall at (651) 429-3232 if you have any questions or wish to obtain a copy of the
complete text of this Chapter. Complete text of the current Chapter and proposed
Chapter may be obtained from City Hall or on the City's Web Site.
Teresa Bender, CMC
Published in the Quad Community Press October 27, 2015
36
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Contents
Section 1.0 Statutory Authorization, Findings of Fact and Purpose
1.1 Statutory Authorization
1.2 Purpose
Section 2.0 General Provisions
2.1 How to Use This Ordinance
2.2 Lands to Which Ordinance Applies
2.3 Incorporation of Maps by Reference
2.4 Regulatory Flood Protection Elevation
2.5 Interpretation
2.6 Abrogation and Greater Restrictions
2.7 Warning and Disclaimer of Liability
2.8 Severability
2.9 Definitions
2.10 Annexations/Detachments
Section 3.0 Establishment of Zoning Districts
3.1 Districts
3.2 Compliance
Section 4.0 Floodway District
4.1 Permitted Uses
4.2 Standards for Floodway Permitted Uses
4.3 Conditional Uses
4.4 Standards for Floodway Conditional Uses
Section 5.0 Flood Fringe District
5.1 Permitted Uses
5.2 Standards for Flood Fringe Permitted Uses
5.3 Conditional Uses
5.4 Standards for Flood Fringe Conditional Uses
Section 6.0 General Floodplain District
6.1 Permitted Uses
6.2 Procedures for Floodway and Flood Fringe Determinations
Section 7.0 Land Development Standards
7.1 In General
7.2 Subdivisions
7.3 Building Sites
Section 8.0 Public Utilities, Railroads, Roads, and Bridges
8.1 Public Utilities
8.2 Public Transportation Facilities
Anoka County-Centerville-August 2015
38
8.3 On-site Water Supply and Sewage Treatment Systems
Section 9.0 Manufactured Homes, Manufactured Home Parks and Recreational Vehicles
9.1 Manufactured Homes
9.2 Recreational Vehicles
Section 10.0 Administration
10.1 Zoning Administrator
10.2 Permit Requirements
10.3 Variances
10.4 Conditional Uses
Section 11.0 Nonconformities
11.1 Continuance of Nonconformities
Section 12.0 Penalties and Enforcement
12.1 Violation Constitutes a Misdemeanor
12.2 Other Lawful Action
12.3 Enforcement
Section 13.0 Amendments
13.1 Floodplain Designation—Restrictions on Removal
13.2 Amendments Require DNR Approval
13.3 Map Revisions Require Ordinance Amendments
Anoka County—Centerville—August 2015
39
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 462 delegated the responsibility to local government units to adopt
regulations designed to minimize flood losses. Therefore,the City Council of Centerville, Minnesota,
does ordain as follows.
1.2 Purpose:
1.21 This ordinance regulates development in the flood hazard areas of Centerville, Minnesota.
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 Centerville
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 the
City of Centerville 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 Anoka County, Minnesota,
and Incorporated Areas and the Flood Insurance Rate Map panels enumerated below,all dated
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December 16,2015 and all prepared by the Federal Emergency Management Agency. These
materials are on file in the office of the City Clerk.
• 270030365E
• 270030366E
• 270030370E
2.4 Regulatory Flood Protection Elevation: The regulatory flood protection elevation (RFPE) is defined
as follows:
2.41 Within a residential zoning district (R-1, R-2A, R-2, R-3, R-4, R-5, M-1, M-2),an elevation no
lower than two feet 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.
2.42 Within all other zoning districts, 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, or by electronically superimposing the FIRM onto the zoning 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 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 the City of Centerville or its officers or
employees for any flood damages that result from reliance on this ordinance or any administrative
decision lawfully made hereunder.
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 it's most reasonable
application,or by definitions provided elsewhere in the city's zoning code.
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.
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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, requiring a permit,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—that portion of the floodplain outside of the floodway. Flood fringe is
synonymous with the term "floodway fringe" used in the Flood Insurance Study for Anoka
County, Minnesota.
2.922 Flood Prone Area—any land susceptible to being inundated by water from any source (see
"Flood").
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.
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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.
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 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.
2.929 One Hundred Year Floodplain—lands inundated by the "Regional Flood" (see definition).
2.930 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.
2.931 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."
2.932 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.
2.933 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.
2.934 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.
2.935 Special Flood Hazard Area—a term used for flood insurance purposes synonymous with
"One Hundred Year Floodplain."
2.936 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.
2.937 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.
2.938 Substantial Improvement-within any consecutive 365-day period,any reconstruction,
rehabilitation (including normal maintenance and repair), repair after damage, addition, or
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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 City of Centerville 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.
SECTION 3.0 ESTABLISHMENT OF ZONING DISTRICTS
3.1 Districts:
3.11 Floodway District. The Floodway District includes those areas designated as floodway on the
Flood Insurance Rate Map adopted in Section 2.3. For lakes,wetlands and other basins,the
Floodway District includes those areas designated as Zone A and Zone AE without a floodway
on the Flood Insurance Rate Map that are at or below the ordinary high water level as
defined in Minnesota Statutes, Section 103G.005,subdivision 14.
3.12 Flood Fringe District. The Flood Fringe District includes those areas designated as floodway
fringe on the Flood Insurance Rate Map adopted in Section 2.3,as being within Zone AE but
being located outside of the floodway. For lakes,wetlands and other basins(that do not
have a floodway designated),the Flood Fringe District includes those areas designated as
Zone AE on the Flood Insurance Rate Map panels adopted in Section 2.3 that are 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.
3.13 General Floodplain District. The General Floodplain District includes those areas designated
as Zone A or Zone AE without a floodway on the Flood Insurance Rate Map adopted in
Section 2.3, but not subject to the criteria in sections 3.11 and 3.12 above.
3.2 Compliance: Within the floodplain districts established in this ordinance,the use of any land,the
use, size,type and location of structures on lots,the installation and maintenance of transportation,
utility,water supply and waste treatment facilities, and the subdivision of land must comply with the
terms of this ordinance and other applicable regulations. All uses not listed as permitted uses,
interim uses or conditional uses in Sections 4.0, 5.0 and 6.0, respectively, are prohibited.
In addition,a caution is provided here that:
3.21 New and replacement manufactured homes and certain recreational vehicles are subject to
the general provisions of this ordinance and specifically Section 9.0.
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3.22 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 11.0.
3.23 All structures must be 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 to the Base Flood Elevation.
3.24 As-built elevations for elevated or floodproofed 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 10.0 of this ordinance.
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, and that the standards in Sections 4.41,4.43(a)and 4.46 of this
ordinance are met.
4.2 Standards for Floodway Permitted Uses:
4.21 The use must have a low flood damage potential.
4.22 With the exception of the uses listed in Section 4.15,the use must not obstruct flood flows or
increase flood elevations and must not involve structures,fill, obstructions,excavations 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 4.1 above and the uses listed in 4.32 -4.37 below.
4.32 Extraction and storage of sand,gravel,and other materials.
4.33 Marinas, boat rentals,docks, piers, wharves, and water control structures.
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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 City Council has approved a plan that assures removal of the materials from the
floodway based upon the flood warning time available.
4.43 Accessory Structures:
(a) Accessory structures must not be designed for human habitation.
(b) Accessory structures, if permitted, must be constructed and placed on the building site so
as to offer the minimum obstruction to the flow of flood waters:
(1) Whenever possible,structures must be constructed with the longitudinal axis parallel
to the direction of flood flow; and
(2) So far as practicable,structures must be placed approximately on the same flood flow
lines as those of adjoining structures.
(c) Accessory structures must be elevated on fill or structurally dry floodproofed in
accordance with the FP-1 or FP-2 floodproofing classifications in the State Building Code.
All floodproofed accessory structures must meet the following additional standards:
(1) The structure must be adequately anchored to prevent flotation,collapse or lateral
movement and designed to equalize hydrostatic flood forces on exterior walls; and
(2) Any mechanical and utility equipment in the structure must be elevated to or above
the regulatory flood protection elevation or properly floodproofed.
(d) As an alternative,an accessory structure may be internally/wet floodproofed to the FP-3
or FP-4 floodproofing classifications in the State Building Code, provided the accessory
structure constitutes a minimal investment and does not exceed 576 square feet in size.A
detached garage may only be used for parking of vehicles and limited storage. All
structures must meet the following standards:
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(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.
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.
(a) All service utilities, including ductwork, must be elevated or water-tight to prevent
infiltration of floodwaters.
(b) As an alternative to elevation on fill, an accessory structure that constitutes a minimal
investment and that does not exceed 576 square feet in size may be internally
floodproofed in accordance with Section 4.43.
5.22 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.
5.23 The storage of any materials or equipment must be elevated on fill to the regulatory flood
protection elevation.
5.24 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.
5.25 Fill must be properly compacted and the slopes must be properly protected by the use of
riprap,vegetative cover or other acceptable method.
5.26 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.
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5.27 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.
5.28 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.
5.29 Flood fringe developments must not adversely affect the hydraulic capacity of the channel
and adjoining floodplain of any tributary watercourse or drainage system.
5.30 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. Conditional uses must meet the standards in Sections 5.24 through
5.30 and Section 5.4.
5.31 Any structure that is not elevated on fill or floodproofed in accordance with Section 5.21 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.
5.4 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 5.44 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 FP-1 or FP-2 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. Structures wet floodproofed to the FP-3 or FP-4
classification are not permitted.
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.
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(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 City Council.
(c) The plan may incorporate alternative procedures for removal of the material from the
floodplain if adequate flood warning time exists.
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 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 of stilts, pilings, parallel walls, etc.,or 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 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 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.
(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 FP-3 or FP-4 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:
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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 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 the City of Centerville.
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.
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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 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.
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.
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.
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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 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 must 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 is considered to be in compliance with
this Section.
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.
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.
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(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
10.1 Zoning Administrator: A Zoning Administrator or other official designated by the City Council 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.
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(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 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 the Zoning
Ordinance.
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.
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(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;
(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 Zoning
Administrator 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.
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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 the Zoning Ordinance.
10.42 Factors Used in Decision-Making. In passing upon conditional use applications,the City
Council 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 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:
(a) Modification of waste treatment and water supply facilities.
(b) Limitations on period of use, occupancy,and operation.
(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 Zoning
Administrator 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 2.939(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., FP-1 thru FP-4 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,then the entire structure must meet the
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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 nonconformity is substantially damaged, as defined in Section 2.938 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 Sections 4.0 or 5.0 will
apply depending upon whether the use or structure is in the Floodway or Flood Fringe,
respectively.
11.15 If any nonconforming use or structure experiences a repetitive loss, as defined in Section
2.935 of this ordinance, it must not be reconstructed except in conformity with the provisions
of this ordinance.
11.16 Any substantial improvement,as defined in Section 2.939 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 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.
12.3 Enforcement: 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.
12.31 When a 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 it is
reasonably possible,this information will be submitted to the appropriate State 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.
12.32 The Zoning Administrator shall notify the suspected party of the requirements of this chapter
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. If the construction or development is already
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completed,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.
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.
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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.
Adopted by the City Council
(Community Name)
This of
(Day) (Month) (Year)
Attest: , Mayor
(Name of Elected Official)
Attest: , County Administrator/City Clerk
(Name of Community Official)
Stamp With Community Seal:
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CHAPTER 155: FLOOD DAMAGE PREVENTION
Section
General Provisions
155.01 Statutory authorization
155.02 Findings of fact
155.03 Statement of purpose
155.04 Definitions
155.05 Lands to which this chapter applies
155.06 Adoption of maps
155.07 Regulatory flood protection elevation
155.08 Interpretation of chapter and maps
155.09 Abrogation and greater restrictions
155.10 Warning and disclaimer of liability
Zoning District Regulations
155.25 Establishment of zoning districts
155.26 Compliance with chapter
155.27 Floodway District(FW)
155.28 Flood Fringe District(FF)
155.29 General Floodplain District
155.30 Subdivisions
155.31 Public utilities,railroads,roads and bridges
155.32 Manufactured homes,manufactured home parks,travel trailers and travel vehicles
Administration and Enforcement
155.50 Zoning Administrator
155.51 Permit requirements
155.52 Certificate of zoning compliance
155.53 Construction and use to conform to applications,plans,permits and the like
155.54 Certification
155.55 Record of first floor elevation
155.56 Board of Adjustment
155.57 Conditional uses
155.58 Nonconforming uses and nonconforming structures
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155.59 Amendments
155.99 Penalty
GENERAL PROVISIONS
§ 155.01 STATUTORY AUTHORIZATION.
The legislature of the state has,in M.S. Chapter 103F and M.S. §462.357, as may be amended from
time to time,delegated the responsibility to local government units to adopt regulations designed to minimize
flood losses. Therefore,the City Council does ordain this chapter.
Ord. #33-A, adopted 0411211989
§ 155.02 FINDINGS OF FACT.
(A)The flood hazard areas of the city 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 for flood protection and relief and impairment of the tax base, all of
which adversely affect the public health, safety and general welfare.
(B)This chapter is based upon a reasonable method of analyzing flood hazards which is consistent with the
standards established by the Minnesota Department of Natural Resources.
Ord. #33-A, adopted 0411211989
§ 155.03 STATEMENT OF PURPOSE.
It is the purpose of this chapter to promote the public health,safety and general welfare and to minimize
those losses described in § 155.02 by the provisions contained in this chapter.
Ord. #33-A adopted 0411211989
§ 155.04 DEFINITIONS.
For the purpose of this chapter,the following definitions shall apply unless the context clearly indicates
or requires a different meaning.
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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.
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.
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 certain conditions as
detailed in the zoning chapter exist and the structure and land use plan,if one exists,arc compatible with
the existing neighborhood.
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.
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.
FLOOD FREQUENCY. The frequency for which it is expected that a specific flood stage or discharge
may be equaled or exceeded.
FLOOD FRINGE. That portion of the floodplain outside of the floodway. The term is synonymous
with the term FLOODWAY FRINGE used in the flood insurance study for the city.
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.
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.
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.
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 the water.
PRINCIPAL USE OR STRUCTURE. All uses or structures that are not accessory uses or structures.
REACH. A hydraulic engineering term to describe a longitudinal segment of a stream or river
influenced by a natural or human-made obstruction. In an urban area,the segment of a stream or river
between two consecutive bridge crossings would most typically constitute a REACH.
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REGIONAL FLOOD. A flood which is representative of large floods known to have occurred
generally in the state and reasonably characteristic of what can be expected to occur on an average
frequency in the magnitude of the l 00-year recurrence interval. The term is synonymous with the term
BASE FLOOD used in the flood insurance study.
REGULATORY FLOOD PROTECTION ELEVATION. 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.
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,travel trailers or vehicles not meeting the exemption criteria specified in § 155.32(C)and other
similar items.
VARIANCE. A modification of a specific permitted development standard required in an official
control,including this chapter,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.
Ord. #33-A, adopted 0411211989
§ 155.05 LANDS TO WHICH THIS CHAPTER APPLIES.
This chapter shall apply to all lands within the jurisdiction of the city shown on the official zoning map
and the attachments thereto as being located within the boundaries of the Floodway or Flood Fringe Districts.
Ord. #33-A, adopted 04/12/1989
§ 155.06 ADOPTION OF MAPS.
The official zoning map together with all materials attached thereto is hereby adopted by reference and
declared to be a part of this chapter. The attached material shall include the flood insurance study for the city
prepared by the Federal Insurance Administration and Flood Insurance Rate Map dated 6-2-1999. The official
zoning map shall be on file in the office of the Administrator and the County Auditor.
Ord. #33-A, adopted 04/12/1989
§ 155.07 REGULATORY FLOOD PROTECTION ELEVATION.
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(A)Residential zoning district. Within a residential zoning district,the regulatory flood protection elevation
shall be an elevation no lower than two feet 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.
(B)Commercial and 'industrial zoning districts. Within a commercial and industrial zoning district,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 floodplain that
result from designation of a floodway.
Ord. 933-A, adopted 04/12/1989, Ord. amended 01/09/1991, Ord. amended 09/23/1992
§ 155.08 INTERPRETATION OF CHAPTER AND MAPS.
(A)In its interpretation and application,the provisions of this chapter shall be held to be minimum
requirements and shall be liberally construed in favor of the City Council, and shall not be deemed a
limitation or repeal of any other powers granted by state law.
(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 the boundaries of the district as shown
on the official zoning map,as for example where there appears to be a conflict between a mapped
boundary and actual field conditions and there is a formal appeal of the decision of the Zoning
Administrator,the Board of Adjustment shall make the necessary interpretation. All decisions will be
based on elevations on the regional 100-year flood profile and other available technical data. Persons
contesting the location of the district boundaries shall be given a reasonable opportunity to present their
case to the Board of Adjustment and to submit technical evidence.
Ord. #33-A, adopted 04/12/1989
§ 155.09 ABROGATION AND GREATER RESTRICTIONS.
It is not intended by this chapter to repeal,abrogate or impair any existing easements,covenants or deed
restrictions. However,where this chapter imposes greater restrictions,the provisions of this chapter shall
prevail.
Ord. #33-A, adopted 04/12/1989
§ 155.10 WARNING AND DISCLAIMER OF LIABILITY.
This chapter does not imply that areas outside the floodplain districts or land uses permitted within those
districts will be free from flooding or flood damages. This chapter shall not create liability on the part of city or
any officer or employee thereof for any flood damages that result from reliance on this chapter or any
administrative decision lawfully made thereunder.
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Ord. #33-A, adopted 04/12/1989
ZONING DISTRICT REGULATIONS
§ 155.25 ESTABLISHMENT OF ZONING DISTRICTS.
(A)Floodway District. The Floodway District shall include those areas designated as floodway on the
Flood Insurance Rate Map.
(B)Flood Fringe District. The Flood Fringe District shall include those areas designated as zones A and
AE that are located outside of the Floodway District.
§ 155.26 COMPLIANCE WITH CHAPTER.
(A)No new structure or land shall hereafter be used and no structure shall be located,extended, converted or
structurally altered without full compliance with the terms of this chapter and other applicable
regulations which apply to uses within the jurisdiction of this chapter. Within the Floodway and Flood
Fringe Districts, all uses not listed as permitted uses or conditional uses, shall be prohibited.
(B)In addition,a caution is provided here that:
(1) New manufactured homes,replacement manufactured homes and certain travel trailers and travel
vehicles are subject to the general provisions of this chapter;
(2) Modifications,additions,structural alterations or repair after damage to existing nonconforming
structures and nonconforming uses of structures or land are regulated by the general provisions
of this chapter;and
(3) 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 chapter.
Penalty, see § 155.99
Ord. 933-A, adopted 04/12/1989
§155.27 FLOODWAY DISTRICT(FW).
(A)Permitted uses.
(1) General farming,pasture,grazing,outdoor plant nurseries,horticulture,truck farming, forestry,
sod farming and wild crop harvesting;
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(2) Industrial-commercial loading areas,parking areas and airport landing strips;
(3) 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,target ranges,trap and skeet ranges,hunting and fishing areas,
and single or multiple-purpose recreational trails;and
(4) Residential lawns, gardens,parking areas and play areas.
(B)Standards for flood4W permitted uses.
(1) The use shall have a low flood damage potential;
(2) The use shall be permissible in the underlying zoning district, if one exists;and
(3) 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.
(C)Conditional uses.
(1) Structures accessory to the uses listed in this section;
(2) Extraction and storage of sand, gravel and other materials as well as associated accessory
structures;
(3) Marinas,boat rentals, docks,piers,wharves and water control structures;
(4) Storage yards for equipment,machinery or materials;
(5) Placement of fill;
(6) Travel trailers and travel vehicles either on individual lots of record or in existing or new
subdivisions or commercial or condominium type campgrounds, subject to the specific
regulation of these uses contained in this chapter;and
(7) Structural works for flood control such as levees,dikes and floodwalls constructed to 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.
(D)Standards for floodway conditional uses.
(1) For all uses,no structure(temporary or permanent),fill(including fill for roads and levees),
deposit,obstruction, storage of materials or equipment or other uses may be allowed as a
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conditional use that will cause any increase in the stage of the I00-year or regional flood or
cause an increase in flood damages in the reach or reaches affected.
(2) All floodway conditional uses shall be subject to the procedures and standards for conditional
use permits.
(3) The conditional use shall be permissible in the underlying zoning district if one exists.
(4) (a) Fill,dredge spoil and other similar materials deposited or stored in the floodplain
shall be protected from erosion by vegetative cover, mulching, rip-rap or other
acceptable method.
(b) 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 and sedimentation prevention element to the plan.
(5) (a) Accessory structures shall not be designed for human habitation.
(b) Accessory structures,if permitted,shall be constructed and placed on the building
site so as to offer the minimum obstruction to the flow of floodwaters. Whenever
possible, structures shall be constructed with the longitudinal axis parallel to the
direction of flood flow, and so far as practicable, structures shall be placed
approximately on the same flood flow lines as those of adjoining structures.
(c) Accessory structures shall be elevated on fill or structurally dry flood-proofed in
accordance with the FP-1 or FP-2 flood-proofing classifications in the Minnesota
Building Code. As an alternative,an accessory structure may be flood-proofed to
the FP-3 or FP-4 flood-proofing classification in the Minnesota Building Code,
provided the accessory structure constitutes a minimal investment,does not
exceed 500 square feet in size and,for a detached garage,the detached garage
must be used solely for parking of vehicles and limited storage. All flood-proof
accessory structures must meet the following additional standards as appropriate:
1. The structure must be adequately anchored to prevent floatation, collapse
or lateral movement of the structure and shall be designed to equalize
hydrostatic flood forces on exterior walls; and
2. Any mechanical and utility equipment in a structure must be elevated to or
above the regulatory flood protection elevation or properly flood-proofed.
(6) 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;and
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(b) Storage of other materials or equipment may be allowed if readily removable from the
area within the time available after a flood warning and in accordance with a plan
approved by the City Council.
(7) Structural works for flood control that will change the course, current or cross-section of
protected wetlands or public waters shall be subject to the provisions of M.S. Chapter 103F,as
amended. Community-wide structural works for flood control intended to remove areas from the
regulatory floodplain shall not be allowed in the floodway.
(8) A levee,dike or floodwall constructed in the floodway shall not cause an increase to the 100-
year or regional flood and the technical analysis must assume equal conveyance or storage loss
on both sides of a stream.
Penalty,see § 155.99
Ord. #33-A, adopted 0411211989, Ord. amended 0512411990
§ 155.28 FLOOD FRINGE DISTRICT(FF).
(A)Permitted uses. Permitted uses shall be those uses of land or structures listed as permitted uses in the
underlying zoning use districts. If no pre-existing, underlying zoning use districts exist,then any
residential or nonresidential structure or use of a structure or land shall be a permitted use in the flood
fringe,provided the use does not constitute a public nuisance. All permitted uses shall comply with the
standards for flood fringe permitted and the standards for all flood fringe permitted and conditional uses
listed in this chapter.
(B)Standards for FF permitted uses.
(1) 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 foot below the regulatory flood protection
elevation,and the fill shall extend at that elevation at least 15 feet beyond the outside limits of
the structure erected thereon.
(2) As an alternative to elevation on fill,accessory structures that constitute a minimal investment
and that do not exceed 500 square feet for the outside dimension at ground level may be
internally flood-proofed in accordance with this chapter.
(3) The cumulative placement of fill where at any one time in excess of 1,000 cubic yards of fill is
located on the parcel shall be allowable only as a conditional use,unless the fill is specifically
intended to elevate a structure in accordance with this section.
(4) The storage of any materials or equipment shall be elevated on fill to the regulatory flood
protection elevation.
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(C)Conditional uses. Any structure that is not elevated on fill or flood-proofed in accordance with this
chapter or any use of land that does not comply with the standards in divisions(B)(3)and(B)(4)of this
section 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 this chapter
(D)Standards for FF conditional uses.
(1) 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 of stilts,pilings,parallel walls and the like, or 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. the enclosed area is above grade
on at least one side of the structure;the enclosed area is designed to flood internally and is
constructed with flood-resistant materials;and the enclosed area 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 or architect as being in compliance with the general
design standards of the Minnesota 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
floodwater 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 flood internally, and the
design plans must stipulate:
1. The minimum area of openings in the walls where internal flooding is to be used
as a flood-proofing technique. When openings are placed in a structure's walls to
provide for entry of floodwaters to equalize pressures,the bottom of all openings
shall be no higher than one foot above grade. Openings may be equipped with
screens, louvers,valves or other coverings or devices;provided, that they permit
the automatic entry and exit of floodwaters;and
2. That the enclosed area will be designed of flood-resistant materials in accordance
with the FP-3 or FP-4 classifications in the Minnesota Building Code and shall be
used solely for building access,parking of vehicles or storage.
(2) Basements,as defined in this chapter,shall be subject to the following:
(a) Residential basement construction shall not be allowed below the regulatory flood
protection elevation;and
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(b) Nonresidential basements may be allowed below the regulatory flood protection
elevation;provided, that the basement is structurally dry flood-proofed in accordance
with this chapter.
(3) All areas of nonresidential 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 Minnesota Building Code. Structurally dry flood-proofing must
meet the FP-1 or FP-2 flood-proofing classification in the Minnesota 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 buoyancy. Structures
flood-proofed to the FP-3 or FP-4 classification shall not be permitted.
(4) When at any one time more than 1,000 cubic yards of fill or other similar material is located on a
parcel for activities such as on-site storage,landscaping,sand and gravel operations,landfills,
roads,dredge spoil disposal or construction of flood control works,an erosion and 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 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.
(5) 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; and
(b) Storage of other materials or equipment may be allowed if readily removable from the
area within the time available after a flood warning and in accordance with a plan
approved by the City Council.
(E)Standards for all FF uses.
(1) 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 after determining that adequate flood warning time
and local flood emergency response procedures exist.
(2) For commercial uses, accessory land uses such as yards,railroad tracks and parking lots may be
at elevations lower than the regulatory flood protection elevation. However,a permit for these
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 adequate time for evacuation if the area would be
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inundated to a depth greater than two feet or be subject to flood velocities greater than four feet
per second upon occurrence of the regional flood.
(3) For 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 this section. In considering permit applications, due consideration shall
be given to needs of an industry whose business requires that it be located in floodplain areas.
(4) Fill shall be properly compacted and the slopes shall be properly protected by the use of rip-rap,
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.
(5) Floodplain developments shall not adversely affect the hydraulic capacity of the channel and
adjoining floodplain of any tributary watercourse or drainage system where a floodway or other
encroachment limit has not been specified on the official zoning map.
(6) Standards for travel trailers and travel vehicles are contained in this chapter
(7) All manufactured homes must be securely anchored to an adequately anchored foundation
system that resists floatation, 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.
Penalty, see§ 155.99
Ord. #33 A, adopted 04/12/1989
§ 155.29 GENERAL FLOODPLAIN DISTRICT.
(A)Permissible uses.
(1) The uses listed in the floodway FW district shall be permitted uses.
(2) All other uses shall be subject to the floodway/flood fringe evaluation criteria pursuant to this
section.
(B)Procedures for floodway and flood fringe determinations within the General Floodplain District.
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(1) Upon receipt of an application for a conditional use permit for a use within the General
Floodplain District,the applicant shall be required to furnish any of the following information as
is deemed necessary by the Zoning Administrator for the determination of the regulatory flood
protection elevation and whether the proposed use is within the Floodway or Flood Fringe
District:
(a) A typical valley cross-section 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;
(b) Plan(surface view)showing elevations or contours of the ground;pertinent structure,fill
or storage elevations; size, location and spatial arrangement of all proposed and existing
structures on the site; location and elevations of streets;photographs showing existing
land uses and vegetation upstream and downstream;and soil type; and/or
(c) 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.
(2) 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 Minn.Rules parts 6120.5000 through
6120.6200 shall be followed in this expert evaluation. The designated engineer or expert is
strongly encourage to discuss the proposed technical evaluation methodology with the respective
Department of Natural Resources' Area Hydrologist prior to commencing the analysis. The
designated engineer or expert shall:
(a) Estimate the peak discharge of the regional flood;
(b) Calculate the water surface profile of the regional flood based upon a hydraulic analysis
of the stream channel and overbank areas;and
(c) Compute the floodway necessary to convey or store the regional flood without increasing
flood stages more than one-half foot. A lesser stage increase than one-half foot shall be
required it as a resolution of the additional stage increase,increased flood damages
would result. An equal degree of encroachment on both sides of the stream within the
reach shall be assumed in computing floodway boundaries.
(3) 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 or Flood Fringe District boundary or deny the permit
application. The City Council,prior to 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 and Zoning Commission for review and comment. Once the
Floodway and Flood Fringe Boundaries have been determined,the City Council shall refer the
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matter back to the Zoning Administrator who shall process the permit application consistent with
the applicable provisions of this chapter.
Penalty,see§ 155.99
Ord. #33-A, adopted 0411211989, Ord. amended 0112611994
§ 155.30 SUBDIVISIONS.
(A)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 within the floodplain districts shall
contain a building site at or above the regulatory flood protection elevation. All subdivisions shall have
water and sewage treatment facilities that comply with the provisions of this chapter and have road
access both to the subdivision and to the individual building sites no lower than two feet below the
regulatory flood protection elevation. For all subdivisions in the floodplain, the floodway and flood
fringe 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.
(B)Removal of specialflood hazard area designation. 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 l 00-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.
(C)Scope of section. This section is not intended as a substitute for a comprehensive city or county
subdivision ordinance. It can,however,be used as an interim control until the comprehensive
subdivision ordinance can be amended to include necessary floodplain management provisions.
Penalty, see§ 155.99
Ord. H33-A, adopted 0411211989, Ord. amended 0512411990
§ 155.31 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 shall be flood-proofed in accordance with the Minnesota Building Code
or elevated to above the regulatory flood protection elevation.
(B)Public transportation facilities. Railroad tracks, roads and bridges to be located within the floodplain
shall comply with Floodway and Flood fringe requirements of this chapter. Elevation to the regulatory
flood protection elevation shall be provided where failure or interruption of these transportation facilities
would result in danger to the public health or safety or where these facilities are essential to the orderly
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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 sewage treatment and water supply systems. Where public utilities are not provided, on-site
water supply systems must be designed to minimize or eliminate infiltration of floodwaters into the
systems,and new or replacement on-site sewage treatment systems must be designed to minimize or
eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters,
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.
Penalty,see§ 155.99
Ord. #33-A, adopted 04/12/1989
§ 155.32 MANUFACTURED HOMES,MANUFACTURED HOME PARKS,TRAVEL TRAILERS
AND TRAVEL VEHICLES.
(A)New manufactured home parks and expansions to existing mobile manufactured home parks shall be
subject to the provisions placed on subdivisions in this chapter.
(B) (1) The placement of new or replacement manufactured homes in existing manufactured
home parks or on individual lots of record that are located in floodplain districts will be
treated as a new structure and may be placed only if elevated in compliance with this
chapter. If vehicular road access for pre-existing manufactured home parks is not
provided in accordance with access requirements to new developments,then replacement
manufactured homes will not be allowed until the property owner develops a flood
warning emergency plan acceptable to the City Council.
(2) All manufactured homes must be securely anchored to an adequately anchored
foundation system that resists floatation, 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.
(C)Travel trailers and travel vehicles that do not meet the exemption criteria specified in division this
section shall be subject to the provisions of this chapter and as specifically spelled out in this section.
(1) Exemption: travel trailers and travel vehicles are exempt from the provisions of this chapter if
they are placed in any of the areas listed in division(C)(2)of this section and further meet the
following criteria:
(a) Have current licenses required for highway use;
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(b) 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 trailer
parks;and the travel trailer/travel vehicle has no permanent structural type additions
attached to it;and
(c) The travel trailer or travel vehicle and associated use must be permissible in any pre-
existing,underlying zoning use district.
(2) Areas exempted for placement of travel/recreational vehicles:
(a) Individual lots or parcels of record;
(b) Existing commercial recreational vehicle parks or campgrounds; and
(c) Existing condominium type associations.
(3) Travel trailers and travel vehicles exempted this section lose this exemption when development
occurs on the parcel exceeding$500 for a structural addition to the travel trailer/travel vehicle or
an accessory structure such as a garage or storage building. The travel trailer/travel vehicle and
all additions and accessory structures will then be treated as a new structure and shall be subject
to the elevation and flood-proofing requirements and the use of land restrictions of this chapter.
(4) New commercial travel trailer or travel vehicle parks or campgrounds and new residential type
subdivisions and condominium associations and the expansion of any existing similar use
exceeding five units or dwelling sites shall be subject to the following:
(a) Any new or replacement travel trailer or travel vehicle will be allowed in the Floodway
or Flood Fringe Districts;provided,the trailer or 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 this chapter. Any fill placed in a floodway for the purpose
of elevating a travel trailer shall be subject to the floodway requirements of this chapter.
(b) 1. All new or replacement travel trailers or travel vehicles not meeting the
criteria of this section may, as an alternative,be allowed as a conditional
use if in accordance with the following provisions and the procedural
requirements for conditional uses contained in this chapter.
2. The applicant must submit an emergency plan for the safe evacuation of
all vehicles and people during the 100-year flood. This plan shall be
prepared by a registered engineer or other qualified individual and shall
demonstrate that adequate time and personnel exist to carry out the
evacuation.
3. All attendant sewage and water facilities for new or replacement travel
trailers or other recreational vehicles must be protected or constructed so
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as to not be impaired or contaminated during times of flooding in
accordance with city code and Minnesota statutes and rules.
Penalty, see§ 155.99
Ord. #33-A, adopted 04/12/1989, Ord. amended 07/14/1993
ADMINISTRATION AND ENFORCEMENT
§ 155.50 ZONING ADMINISTRATOR.
A Zoning Administrator designated by the City Council shall administer and enforce this chapter. If the
Zoning Administrator finds a violation of the provisions of this chapter,the Zoning Administrator shall notify
the person responsible for the violation in accordance with the procedures stated in this chapter.
Ord. #33-A, adopted 411211989
§ 155.51 PERMIT REQUIREMENTS.
(A)Permit required. A permit issued by the Zoning Administrator in conformity with the provisions of this
chapter shall be secured prior to the erection, addition or alteration of any building, structure or portion
thereof,prior to the use or change of use of a building, structure or land;prior to the change or extensior
of a nonconforming use;and prior to the placement of fill, excavation of materials or the storage of
materials or equipment within the floodplain.
(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 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 in relation to the
stream channel.
(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.
Penalty, see§ 155.99
Ord. #33-A, adopted 04/12/1989
§ 155.52 CERTIFICATE OF ZONING COMPLIANCE.
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
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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 chapter.
Penalty,see§ 155.99
Ord. #33-A, adopted 04/12/1989
§ 155.53 CONSTRUCTION AND USE TO CONFORM TO APPLICATIONS,PLANS,PERMITS AND
THE LIKE.
Permits, conditional use permits,or certificates of zoning compliance issued on the basis of approved
plans, and applications authorize only the use, arrangement and construction set forth in the approved plans and
applications,and no other use,arrangement or construction. Any use,arrangement or construction at variance
with that authorized shall be deemed a violation of this chapter and punishable as provided by§ 155.99.
Penalty, see § 155.99
Ord. #33-A, adopted 04/12/1989
§ 155.54 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 provisions of this chapter. Flood-proofing measures shall be certified by a registered
professional engineer or registered architect.
Penalty,see § 155.99
Ord. #33-A, adopted 04/12/1989
§ 155.55 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 floodplain. The Zoning
Administrator shall also maintain a record of the elevation to which structures and alterations or additions to
structures are flood-proofed.
Ord. #33-A, adopted 04/12/1989
§ 155.56 BOARD OF ADJUSTMENT.
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(A)Rules. The Planning and Zoning Commission and the City Council shall act as the Board of
Adjustment. The Planning and Zoning Commission shall investigate the matter,make findings of fact
and recommendation to the City Council who shall render a decision.
(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 chapter.
(C)Variances. The Board of Adjustment may authorize upon appeal in specific cases such relief or
variance from the terms of this chapter as will not be contrary to 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 the variance,the Board of Adjustment shall clearly identify in
writing the specific conditions that existed consistent with the criteria specified in the respective
enabling legislation which 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.
(D)Hearing. Upon filing with the Board of Adjustment of an appeal from a decision of 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 the appeal or variance within 60 days.
In passing upon an appeal,the Board of Adjustment may, so long as the action is in conformity with the
provisions of this chapter,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 appropriate conditions and safeguards,which are in conformity with
the purposes of this chapter. Violations of these conditions and safeguards,when made a part of the
terms under which the variance is granted,shall be deemed a violation of this chapter. A copy of all
decisions granting variances shall be forwarded by mail to the Commissioner of Natural Resources
within ten days of the action.
(F)Appeals. Appeals from any decision of the Board of Adjustment may be made, and as specified in this
community's official controls and also state law.
(G)Flood insurance notice and recordkeeping. The Zoning Administrator shall notify the applicant for a
variance that 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 that this construction below the 100-year or regional flood level increases risks to life and
property. This notification shall be maintained with a record of all variance actions. A community shall
312 1 Page
78
maintain a record of all variance actions, including justification for their issuance,and report variances
issued in its annual or biennial report submitted to the Administrator of the National Flood Insurance
Program.
Ord. #33-A, adopted 0411211989, Ord. amended 0512411990
§ 155.57 CONDITIONAL USES.
(A)Generally. The City Council shall decide applications for conditional uses permissible under this
chapter. Applications shall be submitted to the Zoning Administrator who shall forward the application
to the Planning and Zoning Commission for review and consideration. The Planning and Zoning
Commission shall make a recommendation to the City Council. The City Council shall,following such
hearings it considers necessary, consider the matter and render a decision.
(B)Hearings. The Planning and Zoning Commission shall follow the hearing and notice procedures for
conditional uses contained in the Zoning Chapter of this code in making its recommendation to the City
Council. Upon filing with the City Council an application for a conditional use permit,the city shall
submit by mail to the Commissioner of Natural Resources a copy of the application for the proposed
conditional use sufficiently in advance so that the Commissioner will receive at least ten days'notice of
the hearing.
(C)Decisions. The City Council shall arrive at a decision on a conditional use within the time requirements
of ordinance or state law. In granting a conditional use permit,the City Council shall prescribe
appropriate conditions and safeguards which are in conformity with the purposes of this chapter.
Violations of these 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 chapter. A copy of all decisions
granting conditional use permits shall be forwarded by mail to the Commissioner of Natural Resources
within ten days of the action.
(D)Procedures to be followed by the city in passing on conditional use permit applications within all
floodplain districts.
(l) Require the applicant to furnish any of the following information and additional information as
deemed necessary by the city for determining the suitability of the particular site for the
proposed use: 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
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 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 adequacy of the plans for
protection and other technical matters;and
313 1 P a g e
79
(3) Based on the technical evaluation of the designated engineer or expert,the city shall determine
the specific flood hazard at the site and evaluate the suitability of the proposed use in relation to
the flood hazard.
(E)factors upon which the decision of the city shall be based. In passing upon conditional use applications,
the city shall consider all relevant factors specified in other sections of this chapter and:
(1) The danger to life and property due to increased flood heights or velocities 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;
(4) The susceptibility of the proposed facility and its contents to flood damage and the effect of that
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 availability of alternative locations not subject 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 Floodplain Management
Program for the area;
(10) The safety of access to the property in times of flood for ordinary and emergency
vehicles;
(11) The expected heights,velocity, duration,rate of rise and sediment transport of the
floodwaters expected at the site;and
(12) Other factors which are relevant to the purposes of this chapter.
(H)Time for acting on application. The city shall act on an application in the manner described above
within 60 days from receiving the application, except where the city is granted an extension of time in
which to make the decision.
(I) Conditions attached to conditional use permits. Upon consideration of the factors listed above and the
purpose of this chapter,the City Council shall attach any conditions to the granting of conditional use
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80
permits as it deems necessary to fulfill the proposes of this chapter. These 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;
(3) Imposition of operational controls,sureties and deed restrictions;
(4) Requirements for construction of channel modifications,compensatory storage,dikes,levees and
other protective measures;and
(5) Flood-proofing measures, in accordance with the Minnesota Building Code and this chapter.
The applicant shall submit a plan or document certified by a registered professional engineer or
architect that the flood-proofing measures are consistent with the regulatory flood protection
elevation and associated flood factors for the particular area.
Ord. H334 adopted 09/12/1989
§ 155.58 NONCONFORMING USES AND NONCONFORMING STRUCTURES.
(A)A structure or the use of a structure or premises which was lawful before the passage or amendment of
this chapter but which is not in conformity with the provisions of this chapter may be continued subject
to the following conditions:
(1) No use shall be expanded, changed, enlarged or altered in a way which increases its
nonconformity;
(2) Any 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, fill or flood-
proofing techniques(such as FP-1 through FP4 flood-proofing classifications)allowable in the
Minnesota Building Code, except as further restricted this section; and
(3) 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 community's initial floodplain 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 and additions exceeds 50 percent of the current market value of the structure,then the
structure must meet the standards of this chapter for new structures,depending upon whether the
structure is in the Floodway or Flood Fringe District,respectively.
315 1 Page
81
(B)If any nonconforming use is discontinued for 12 consecutive months, any future use of the building
premises shall conform to this chapter. The assessor shall notify the Zoning Administrator in writing of
instances of-nonconforming uses which have been discontinued for a period of 12 months.
(C)If any nonconforming use or structure is destroyed by any means,including floods,to an extent of 50
percent or more of its market value at the time of destruction, it shall not be reconstructed except in
conformity with the provisions of this chapter. The applicable provisions for establishing new uses or
new structures contained in this chapter will apply depending upon whether the use or structure is in the
Floodway or Flood Fringe District,respectively.
Ord. #33-A, adopted 04/12/1989
§ 155.59 AMENDMENTS.
(A)The floodplain designation on the official zoning map shall 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 regional flood and is contiguous to lands outside the floodplain. Special exceptions to this rule may
be permitted by the Commissioner of Natural Resources if he or she determines that,through other
measures, lands are adequately protected for the intended use.
(B)All amendments to this chapter,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 technical conditions and criteria
and must receive prior FEMA approval before adoption. The Commissioner of Natural Resources must
be given ten days' written notice of all hearings to consider an amendment to this chapter and the notice
shall include a draft of the ordinance amendment or technical study under consideration.
Ord. #33-A, adopted 04/12/1989
§ 155.99 PENALTY.
Any person violating any provision of this chapter shall be guilty of a misdemeanor.
Ord. #33-A, adopted 04/12/1989
316 1 Page
82
CITY OF CENTERVILLE
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City of Centerville Planning&Zoning
Commission is holding a public hearing October 6,2015,2015 AT 6:30 P.M.
to obtain pubic input regarding the possibility of amending City Code, Chapter 156.166
(Parking Requirements), decreasing Other industrial or warehousing requirements from
2/1,000 square feet gross floor area to something less. The meeting will take place in
Council Chambers located at 1880 Main Street,Centerville,Minnesota 55038.
You may contact the City Clerk's office at (651) 429-3232 or by facsimile (651)
429-8629 if you need additional information. If you desire, you may email:
mericson(a)centervillemn.com or tbender(a)centervillemn.com with questions or concerns.
This notice is also available on the City's web site: www.centervillemn.com.
Published in Quad Community Press on September 22,2015
Teresa Bender,CMC
City Clerk
83
Warehouse Parking Requirements
Municipality Required Stalls per 1000 SF of Warehouse
Centerville 2.0
Lino Lakes 0.5
Blaine 0.5
Columbus 0.5
Forest Lake 0.5
Hugo 0.67
White Bear Township 1.0
White Bear Lake 1.0
84
(e) Temporary storage of materials and equipment during construction and landscaping;and
(f) Lakeshore properties can store the following items of personal property within 50 feet of
the shoreline during the months from September to May: docks,boat lifts, swim rafts,
slides and other swimming equipment.
(2) Commercial/industrial districts. Storage of products,materials and equipment,excluding
rubbish or junk, which is necessary to an approved business operation in a commercial or
industrial district, and which is completely screened from adjoining properties and rights-of-way.
The site plan review process is required to determine the appropriateness for storage permitted in
the section,surfacing required for the storage area and the screening required.
§§ 156.145 THROUGH 156.154 RESERVED FOR FUTURE USE.
§ 156.155 WOODLANDS PRESERVATION.
In residential areas,structures shall be located in a manner that the maximum number of woodlands
shall be preserved. If large numbers of trees are cut in residential areas,trees shall be replanted in a density and
manner satisfactory to the City Council. Clear cutting of woodlands for nonagricultural purposes is prohibited,
unless the action involves a utility or roadway,required by the public,and includes a reforestation plan required
by the City Council
§§ 156.156 THROUGH 156.165 RESERVED FOR FUTURE USE.
§ 156.166 PARKING REQUIREMENTS.
(A)Requirements in general. The following table illustrates the minimum number of parking spaces
required for various uses permitted in the city. The city may modify minimum parking requirements in
the M-I District,as part of the planned unit development approval process, if it is determined that the
use is consistent with the purpose of the district and that parking is determined by the City to be
sufficient to accommodate the use.
Uses Minimum Parking Required
Residential 2/dwelling unit
Churches 1/3 seats in largest assembly room
Schools 1/classroom plus 1/3 seats in largest assembly
Theaters 1/3 seats
Restaurants 1/3 seats
Offices 5/1,000 sq.fl. gross floor space
364 1 Page
85
Retail 6/1,000 sq.ft.gross floor area
Convenience stores 7/1,000 sq.ft. gross floor area
General services 4/1,000 sq.ft.gross floor area
Trade businesses 3/1,000 sq.ft.gross floor area
Manufacturing 3/1,000 sq.ft.gross floor area
Other industrial or warehousing 2/1,000 sq.ft,gross floor area
Car washes 5/stacking per ba
Drive-up restaurants 5 stacking plus 1/3 seats
(B)Off-street parking. When a building or structure is enlarged,additional off-street parking shall be
required only with respect to the additional usable floor area.
(C)Change in the Use of a Building or Structure. An off-street parking area shall not be changed to any
other use until equal off-street parking is provided elsewhere. No parking area used or designated in
connection with a building or structure in existence on the effective date of this chapter shall be reduced
to provide fewer than the minimum number of parking spaces required under this chapter.
(D)Off-street parking and loading zones. No building or structure shall be hereafter erected,substantially
altered or its use changed unless off-street parking and loading spaces have been provided in accordance
with the provisions of this chapter. Zfie number of off-street parking spaces provided shall be at least
the minimum number provided in the schedule contained in this section.
(E)Notwithstanding the minimum number of parking spaces as defined by this section, a conditional use
permit may be granted to provide fewer parking spaces when it is clearly demonstrated by the applicant
that the use will not require the number of spaces indicated. In the event a conditional use permit is
granted,a condition may be imposed to require that the land normally dedicated to parking shall be held
in a landscaped reserve that can be used for parking in the event the use or parking needs should change.
A landscape reserve should equal the amount of land necessary to support the number of parking spaces
required to serve any more restrictive parking use of the building or structure permitted by the applicable
zoning district and building codes.
(F)Parking spaces may be located on a lot other than that containing the principal use,subject to issuance of
a conditional use permit.
(G)Off-street loading. A loading space shall have minimum dimensions of not less than 12 feet in width,50
feet in length,exclusive of driveways,aisles and other circulation areas. One off-street loading space
shall be provided and maintained on the same lot for each commercial and industrial use requiring
regular delivery of goods and having a modified gross floor area of more than 10,000 square feet. One
loading space shall be provided for each additional 25,000 square feet or fraction thereof. No off-street
loading space shall be located in any required yard adjoining any residential use.Required off-street
loading space shall not be included as off-street parking space in computing required off-street parking
space. Vehicles utilizing this loading space shall not project into the public right-of-way.
365 1 P a g e
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CITY OF CENTERVILLE
ANOKA COUNTY, MINNESOTA
ORDINANCE#72
SECOND SERIES
AN ORDINANCE AMENDING CITY CODE, CHAPTER 156, SECTION 156.166
PARKING REQUIREMENTS (TABLE ONLY)
THE CITY COUNCIL OF THE CITY OF CENTERVILLE ORDAINS:
City Code, Chapter 156, Section 156.166 Parking Requirements.
(A) Requirements in general. The following table illustrates the minimum number of
parking spaces required for various uses permitted in the city. The city may modify
minimum parking requirements in the M-1 District, as part of the planned unit
development approval process, if it is determined that the use is consistent with the
purpose of the district and that parking is determined by the City to be sufficient to
accommodate the use.
Uses Minimum Parking Requirement
Residential 2/dwelling unit
Churches 1/3 seats in largest assembly room
Schools 1/classroom plus 1/3 seats in largest
assembly
Theaters 1/3 seats
Restaurants 1/3 seats
Offices 5/1,000 sq. ft. gross floors ace
Retail 6/1,000 sq. ft. gross floor area
Convenience stores 7/1,000 sq. ft. gross floor area
General services 4/1,000 sq. ft. gross floor area
Trade businesses 3/1,000 sq. ft. gross floor area
Manufacturing 3/1,000 sq. ft. gross floor area
Other industrial or warehousing .5/1,000 sq. ft. gross floor area
Car washes 5/stacking per ba
Drive-up restaurants 5 stacking plus 1/3 seats
Effective Date: This ordinance shall be effective immediately upon its passage and
publication of the summary attached as Exhibit A, according to law.
87
PASSED AND DULY ADOPTED this 12`x'day of November, 2015 by the City Council
of the City of Centerville.
Tom Wilharber, Mayor
ATTEST:
Teresa Bender, City Clerk
88
Exhibit A
Summary of Ordinance 72, Second Series
Notice is hereby given, that on November 12, 2015, Ordinance#72, Second Series,
entitled "AN ORDINANCE AMENDING CITY CODE, CHAPTER 156, Section
156.166 Parking requirements table was amended and adopted by the City Council of
Centerville,Minnesota.
Notice is further given that due to the lengthy nature of the ordinance, the City
Council has directed that this title and summary be prepared for publication pursuant to
Minn. Stat. 412.191, Subd. 4.
Notice is further given that a complete printed copy of the ordinance is available
for inspection by any person during normal business hours of the City Clerk, 1880 Main
St., Centerville, MN, or will be mailed to anyone requesting it by telephone (651)429-
3232.
Notice is further given that the general purpose of the ordinance is to provide for
required parking spaces for new construction of assorted businesses.
The table replaces the requirement table in its entirety.
Notice is further given that the Council has by a minimum 4/5 vote approved this
public notice on the 12th day of November, 2015.
Teresa Bender, City Clerk
Published in the Citizen on , 2015
89
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•Ahf „I _ I '' II ,>.�,\C - PR"CT No.,-
--� - RECORD PLAN 10—
CONTRACTOR: j8-20Qi -D3
I 1
SOIL-CON, INS' .u_' CH
' ] �04 •
TO: Honorable Mayor and Council Members
FROM: Teresa Bender, City Clerk
SUBJECT: Liquor License Renewals 2016
DATE: November 5, 2015
The completed applications, backup documentation and fees have been received from the
following and forwarded on to the Centennial Lakes Police Department for background
checks.
Staff recommends approval subject to successful background checks, verification of
property tax payment and utility payment.
CenterMart & Corner Express—Tobacco Licensing
Kelly's Korner—On Sale, Off Sale & Sunday Liquor
Wiseguys Pizza—On Sale& Sunday Liquor
Main Street Liquor Barrel—Off Sale Liquor&Tobacco
Platinum Liquor—Off Sale Liquor &Tobacco
Southern Rail—On Sale, Off Sale & Sunday Liquor
91
a Stantec Consulting Services Inc.
Stantec 2335 Highway 36 West,St.Paul MN 55113
November 3,2015
Quad Community Press
Attn: Evelyn Duvall
Phone: (651) 407-1253
Email: legals@presspubs.com
Re: City of Centerville, Minnesota
2016 Thin Bituminous Overlay Project
Stantec Project No. 193803352
Advertisement for Bids
We are attaching an Advertisement for Bids for the 2016 Thin Bituminous Overlay Project in the City
of Centerville. Bids are to be received on Wednesday, December 2, 2015, at 10 A.M., CST.
Please Publish: November 10
Affidavit of publication along with the invoice should be sent to the Teresa Bender, City Clerk, City
of Centerville, 1880 Main Street, Centerville, MN 55038-9794 (651-429-3232).
Please acknowledge receipt of this Advertisement by signing and emailing back this transmittal
letter to cathv.white@stantec.com as soon as possible.
Name Date
Enclosure
cc: Teresa Bender, City of Centerville
Mark Statz,Stantec
Grsigr,bnii,nu rnnMruly in enc
92
g't Stantec ConsuBing Services Inc.
S t}�.a nteC 2335 Highway 36 West,St. Paul MN 55113
November 3, 2015
Finance&Commerce
Attn: Cassie Johnson
Phone: (612) 584-1563
Email: publicnotice@finance-commerce.com
Re: City of Centerville, Minnesota
2016 Thin Bituminous Overlay Project
Stantec Project No. 193803352
Advertisement for Bids
We are attaching an Advertisement for Bids for the 2016 Thin Bituminous Overlay Project in the City
of Centerville. Bids are to be received on Wednesday, December 2, 2015, at 10 A.M., CST.
Please Publish: November 10 and 17
Affidavit of publication along with the invoice should be sent to the Teresa Bender, City Clerk, City
of Centerville, 1880 Main Street, Centerville, MN 55038-9794 (651-429-3232).
Please acknowledge receipt of this Advertisement by signing and emailing back this transmittal
letter to cathy.white@stantec.com as soon as possible.
Name Date
Enclosure
cc: Teresa Bender, City of Centerville
Mark Statz, Stantec
Lc
1_4rl V.lit I CU[YIML:In; It rrl; lu
93
ADVERTISEMENT FOR BIDS
Sealed Bids will be received by the City of Centerville, Minnesota, in the City Hall at 1880 Main Street,
until 10 A.M., CST, Wednesday, December 2,2015, at which time they will be publicly opened and
read aloud for the furnishing of all materials, for the following:
2016 Thin Bituminous Overlay Project
In general, Work consists of supplying labor and materials for the 2016 Thin Bituminous Overlay for
Deer Court, Hunters Trail, Meadow Circle, Meadow Court, Cottonwood Court, North Robin Lane,
Cardinal Drive, South Robin Lane, West Robin Lane, and Mill Road in the City of Centerville. The
Project consists of the following approximate quantities:
26,000 SY Full Width Mill
1,600 TN 1.0" Wear Course Overlay-SPWEA340E
1,350 TN 2.0" Wear Course Overlay-SPWEA340E
No bituminous patching, curb patching, turf restoration, erosion control or other correlated
appurtenances will be included in this project.
Complete digital Bidding Documents are available at www.questcdn.com for$20 by inputting
QuestCDN eBidDoc#4138922 on the website's Project Search page. Paper Bidding Documents may
also be viewed at the City of Centerville and at Stantec,2335 Highway 36 West,St. Paul, MN 55113,
(651) 636-4600. Direct inquiries to Engineer's Project Manager Mark Statz at (651) 604-4709.
Bid Security in the amount of 5 percent of the amount of the Bid must accompany each Bid in
accordance with the Instructions to Bidders.
The Owner reserves the right to retain the deposits of the 3 lowest Bidders for a period not to exceed
90 days after the date and time set for the Opening of Bids. No Bids may be withdrawn for a period
of 90 days after the date and time set for the Opening of Bids.
The Owner reserves the right to reject any and all Bids, to waive irregularities and informalities
therein, and further reserves the right to award the Contract to the best interests of the Owner.
Teresa Bender, Clerk
City of Centerville, Minnesota
94