HomeMy WebLinkAboutJun 26, 1978OFFICIAL PROCEEDINGS
REGULAR MEETING OF THE CITY COUNCIL
CITY OF COLUMBIA HEIGHTS, MINNESOTA
JUNE 26, 1978
The meeting was called to order at 8:05 p.m.
Roll Call: Heintz, Norberg, Hentges, Nawrocki - present
Councilman Logacz was out of town.
INVOCATION
The invocation was given by Councilman Norberg.
PRESENTATIONS
Mayor Nawrocki noted there were several items he would like to take up which were
not on the agenda.
Mrs. Clausen, Welcome Wagon representative, was present to give the Mayor and Council
a cake in honor of the proclamation designating the week of July 16 as Welcome Wagon
Week in recognition of the 50 years of service Welcome Wagon has given to the
community.
Mr. Tom Lidberg presented the Mayor with books and a tie which were sent by a Mayor
in West Berlin in appreciation for the plaque which Mayor Nawrocki sent with Mr.
Lidberg on his recent goodwill trip to that city.
MINUTES OF PREVIOUS MEETINGS
Motion by Heintz, seconded by Hentges, that the minutes as presented in writing be
approved and reading be dispensed with.
Roll Call: All Ayes
PAYMENT OF BILLS
Motion by Hentges, seconded by Norberg, that bills as listed be paid out of their
proper funds with the exception of check #25844 which will be taken up later in the
meeting.
Roll Call: All Ayes
COMMUNICATIONS:
1. Request for Block Party
Motion by Heintz, seconded by Norberg, that the request be granted for a block party
to be held on Innsbruck Parkway (from Stinson Boulevard to Pennine Pass), based on
the recommendation of the Police Department.
Roll Call: All Ayes
June 26, 1978
Pa9e 2
ORDINANCES AND RESOLUTIONS:
]. Ordinance 886
Motion by Norberg, seconded by Hentges, that the reading be waived as sufficient
copies were available to the public.
Roll Call: All Ayes
ORDINANCE NO. 886
BEING ~ ORDINANCE ~ENDING ORDINANCE NO. 853,
CITY CODE OF 1977, Passed June 21, 1977, ESTABLISH-
lNG FLOOD PLAIN MA~AGEMENT
The City Council of the City of Columbia Heights Does Ordain:
Section 1:
Chapter 9, Land Use, Article III, Flood Plain Management, currently
reserved, of Ordinance No. 853, City Code of 1977, passed June 21,
1977, is amended to read as follows:
"SECTION 1
9.301 (1)
9. 301 (2)
9.301 (3)
SECTION 2
9.302 (i)
9.302 (2)
9.302 (3)
FINDINGS OF FACT, METHODS, AND PURPOSE
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 gen-
eral welfare.
Methods used to analyze flood hazards - this Article is based upon a rea-
sonable method of analyzing flood hazards which is consistent with the
standards established by the Minnesota Department of Natural Resources.
Statement of Purpose - it is the purpose of this Article to promote the
public health, safety, and general welfare and to minimize those losses
described in 9.301 (1) by provisions contained herein.
GENERAL PROVISIONS
Lands to Which Ordinance Applies - this Ordinance shall apply to all lands
within the City shown on the Official Zoning Map as being located within
the boundaries of the Floodway, Flood Fringe, or General Flood Plain Dis-
tricts.
Establishment of Official Zoning Map - The Official Zoning Map together
with all explanatory materials thereon, and attached thereto is hereby
adopted by reference and declared to be a part of this Ordinance. The ex-
planatory material shall include the Flood Insurance Study for the City pre-
pared by the Federal Insurance Administration dated March, 1978,
and the Flood Boundary and Floodway Maps and Flood Insurance Rate Maps
therein. The Official Zoning Map shall be on file in the Office of
City Clerk.
Regulatory Flood Protection Elevation - The Regulatory Flood Protection Ele-
vation shall be an elevation no lower than one-half foot above the elevation
of the regional flood plus any increases in flood elevation caused by en-
croachments on the flood plain.
June 26, 1978
Page 3
9.302 (4)
9. 302 (5)
9.302 (6)
9.302 (7)
9.302 (8)
(a)
(b)
The regulatory flood protection elevation within the Floodway and
Flood Fringe Districts shall be established by adding one-half foot to
the Base Flood Water Surface Elevations With Floodway listed in
the Floodway Data Table contained in the Flood Insurance Study.
Regulatory flood protection elevations between cross-sections
shall be interpolated.
The regulatory flood protection elevation within the General Flood
Plain District shall be calculated by a qualified registered pro-
fessional engineer in accordance with procedures in 9.311(4)(f).
Interpretation:
(a)
In their interpretation and application, the provisions of this
Ordinance shall be held to be minimum requirements and shall be
liberally construed in favor of the governing body and shall not
be deemed a limitation or repeal of any other powers granted by
State Statutes.
(b)
The boundaries of the zoning districts shall be determined by scaling
distances on the Official Zoning Map. Where interpretation is needed
as to the exact location of 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, the
Board of Adjustment shall make the necessary interpretation based on
the applicable base flood water surface elevation data contained in the
flood insurance study, subject to appeal to the City Council in the man-
ner provided for conditional uses. The person contesting the location of
the district boundary shall be given a reasonable opportunity to present
his case to the Board and to submit technical evidence if he so desires.
Compliance - No 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 Ordinance and other applicable regula-
tions which apply to uses within the jurisdiction of this Ordinance.
Abrogation and Greater Restrictions - It is not intended by this Article
to repeal, abrogate, or impair any existing easements, covenants, or deed
restrictions. However, where this Article imposes greater restrictions,
the provisions of this Article shall prevail. Ail other Ordinances incon-
sistent with this Article are hereby repealed to the extent of the incon-
sistency only.
Warning and Disclaimer of Liability - This Article does not imply that
areas outside the flood plain districts or land uses permitted within
such districts will be free from flooding or flood damages. This Ordinance
shall not create liability on the part of the City or any officer or em-
ployee thereof for any flood damages that result from reliance on this
Article or any administrative decision lawfully made thereunder.
Definitions - Unless specifically defined below, words or phrases used
in this Article shall be interpreted so as to give them the same meaning
as they have in common usage and so as to give this Article its most rea-
sonable application:
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June 26, 1978
Page 4
(a)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
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.
Equal Degree of Encroachment - a method of determining the location
of encroachment lines so that flood plain lands on both sides
of a stream are capable of conveying a proportionate share of
flood flows. This is determined by considering the effect of
encroachment on the hydraulic efficiency of the flood plain
along both sides of a stream for a significant reach.
Flood - a temporary rise in stream flow or stage that results in
inundation of the areas adjacent to the channel.
Flood Frequency - the average frequency, statistically determined,
for which it is expected that a specific flood state or dis-
charge may be equalled or exceeded.
Flood Fringe - that portion of the flood plain outside of the flood-
way. Flood fringe is synonymous with the term floodway fringe
used in the Flood Insurance Study.
Flood Plain - the areas adjoining a 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 channel of the watercourse and those portions of the
adjoining flood plans which are reasonably required to carry
and discharge the regional flood.
Obstruction - any dam, wall, wharf, embankment, levee, dike, pile,
abutment, projection, excavation, channel rectification, culvert,
building, wire, fence, stockpile, refuse, fill, structure, or
matter in, along, across, or projecting into any channel, water-
course, or regulatory flood hazard area 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, or
that is placed where the flow of water might carry the same
downstream to the damage of life or property.
Reach - a hydraulic engineering term to describe a longitudinal seg-
ment of a stream or river influenced by a natural or manmade
obstruction. In an urban area, the segment of a stream or
river between two consecutive bridge crossings would most typi-
cally constitute a reach.
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 100 year recurrence interval.
Regional flood is synonymous with the term base flood used in
the Flood Insurance Study.
- 3-
(1)
June 26, 1978
Page 5
Structure - anything constructed or erected on the ground or attached
to the ground, including, but not limited to, buildings, fac-
tories, sheds, cabins, mobile homes, and other similar items.
SECTION 3
9.303 (1)
9.303 (2)
9.303 (3)
9.303 (4)
SECTION 4
9.304 (1)
9.304 (2)
ESTABLISHMENT OF ZONING DISTRICTS
The flood plain areas within the jurisdiction of this Ordinance are hereby
divided into three Districts: Floodway District (FW), Flood Fringe Dis-
trict (FF), and General Flood Plain District (GFP).
Floodway District - The Floodway District shall include those areas
designated as floodway in the Flood Insurance Study.
Flood Fringe District - The Flood Fringe District shall include those
areas designated as floodway fringe in the Flood Insurance Study.
General Flood Plain District - The General Flood Plain District shall
include those areas designated as unnumbered A Zones by the Flood In-
surance Rate Map.
The boundaries of these districts shall be shown on the Official Zoning
Map. Within these districts all uses not allowed as permitted uses or
permissable as conditional uses are prohibited.
FLOODWAY DISTRICT
Permitted Uses - the following uses have a low flood damage potential and
do not obstruct flood flows. These uses shall be permitted within the
Floodway District to the extent that they are not prohibited by any other
Ordinance and provided they do not require structures, fill, or storage
of materials, or equipment. In addition, no use shall adversely affect
the capacity of the channels or floodways or any tributary to the main
stream or of any drainage ditch, or any other drainage facility or system.
(a)
Agricultural uses such as general farming, pasture, grazing, out-
door plant nurseries, horticulture, truck farming, forestry, sod
farming, and wild crop harvesting.
(b)
Industrial-Commercial uses such as loading areas, parking areas,
and airport landing strips.
(c)
Private and public recreational uses such as golf courses, tennis
courts, driving ranges, archery ranges, picnic grounds, boat launch-
ing 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 hiking and horse-
back riding trails.
(d)
Residential uses such as lawns, gardens, parking areas, and play
areas.
Conditional Uses - The following open space uses require accessory struc-
tures (temporary or permanent), or fill or storage of materials or equip-
ment. These uses may be permitted in the Floodway District only after the
issuance of a Conditional Use Permit as provided in 9.311(4) of this Ordi-
nance. These uses are also subject to the provisions of 9.304(3) which
applies to all floodway Conditional Uses.
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June 26, 1978
Page 6
(a) Structures accessory to open space;
(b) Placement of fill;
(c) Extraction of sand, gravel and other materials;
(d)
Marinas, boat rentals, docks, piers, wharves, and water
control structures;
(e)
Railroads, streets, bridges, utility transmission lines
and pipelines;
(f) Storage yards for equipment, machinery or materials;
(g)
Other uses similar in nature to uses described in 9.304(1) and
9.304(2) which are consistent with the provisions set out in
9.301 and 9.304.
9.304 (3) Standards for Floodway Conditional Uses:
(a)
Ail 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 al-
lowed as Conditional Uses which, acting alone or in combina-
tion with existing or reasonably anticipated future uses, ad-
versely affects the capacity of the floodway or increases
flood heights. In addition, all floodway Conditional Uses shall
be subject to the standards contained in 9.311(4)(h) and the
following standards (9.304(3)(b) - 9.304(3)(f)).
(b) Fill
(i)
Any fill deposited in the floodway shall be no more than the
minimal amount necessary to conduct a Conditional Use listed
in 9.304(2). Generally fill shall be limited to that needed
to grade or landscape for that use and shall not in any way
further obstruct the flow of flood waters.
(ii)
Spoil from dredging or sand and gravel operations shall not
be deposited in the floodway unless it can be done in accord-
ance with (i) of this section.
(iii) Fill shall be protected from erosion by vegetative cover.
(c)
Accessory Structures (temporary or permanent) permitted as
Conditional Uses by 9.304(2)(a):
(i)
Accessory structures shall not be designed for human habi-
tation;
(ii) Accessory structures shall have a low flood damage potential;
(iii) Accessory structures, if permitted, shall be constructed and
placed on the building site so as to offer the minimum obstruc-
tion to the flow of flood waters. Whenever possible, struc-
tures shall be constructed with the longitudinal axis parallel
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SECTION 5
9. 305 (1)
9. 305 (2)
June 26, 1978
Page 7
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;
(iv) Accessory structures shall be flood proofed in accordance
with the State Building Code.
(d) Storage of materials and equipment:
(i)
The storage of processing of materials that are in time
of flooding buoyant, flammable, explosive, or could be
injurious to human, animal, or plant life is prohibited.
(ii)
Storage of other materials or equipment may be allowed if
readily removable from the area within the time available
after flood warning.
(e)
Structural work for flood control - Structural works for flood con-
trol such as dams, levees, dikes, and floodwalls shall be allowed
only upon issuance of a Conditional Use Permit. In addition, any
proposed work in the beds of public waters which will change the
course, current, or cross-section of the waters shall be subject to
the provisions of Minnesota Statutes 1976, c. 105, and other appli-
cable statutes.
FLOOD FRINGE DISTRICT (FF)
Permitted Uses - the following uses shall be permitted uses within the
Flood Fringe District to the extent that they are not prohibited by any
other Ordinance:
(a)
(b)
Any use permitted in 9.304(1);
Accessory structures provided they comply with the provision of
9.304(3)(c) of this Ordinance;
(c)
Residence and other structures constructed on fill so that the
basement floor or first floor, if there is no basement, is at or
above the regulatory flood protection elevation. The finished
fill elevation shall be no lower than one (1) foot below the regu-
latory flood protection elevation and shall extend at such eleva-
tion at least fifteen (15) feet beyond the limits of any structure
or building erected thereon. Fill shall be compacted and the
slopes shall be protected by rip rap or vegetative covering.
No use shall be permitted which will adversely affect the capacity of
channels or floodways of any tributary to the main stream, or of any
drainage ditch, or any other drainage facility or system.
Conditional Uses - other uses are permitted only upon application to the
Zoning Administrator and the issuance of a Conditional Use Permit as pro-
vided in 9.311(4) of this Ordinance and subject to the following provi-
sions:
(a)
Residences - where existing streets, utilities and small lot sizes
preclude the use of fill, other methods of elevating the first
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June 26, 1978
Page 8
floor (including basements) above the regulatory flood protection
elevation may be authorized provided that the residence is flood
proofed in accordance with the State Building Code.
(b)
Other Structures - commercial, manufacturing and industrial struc-
tures shall ordinarily be elevated on fill so that their first
floor (including basement) is above the regulatory flood protection
elevation but may in special circumstances be flood proofed in ac-
cordance with the State Building Code. Structures that are not
elevated to above the regulatory flood protection elevation shall
be flood proofed to FP-1 or FP-2 classification as defined by the
State Building Code. Structures flood proofed to FP-3 or FP-4
classification shall not be permitted.
9.305 (3) Standards for Flood Fringe Uses:
(a)
Residential Uses - residences that do not have vehicular access at
or above an elevation not more than two feet below the regulatory
flood protection elevation shall not be permitted unless granted a
variance by the Board of Adjustment. In granting a variance the
Board shall specify limitations on the period of use or occupancy
of the residence.
(b)
Commercial Uses - accessory land uses, such as yards, railroad
tracks, and parking lots may be at elevations lower than the Regu-
latory Flood Protection Elevation. However, a permit for such
facilities to be used by the general public shall not be granted,
in the absence of a flood warning system that provides adequate
time for evacuation if the area is inundated to a depth greater than
two feet or subject to flood velocities greater than four feet per
second upon the occurrence of the regional flood.
(c)
Manufacturing and Industrial Uses - measures shall be taken to
minimize interference with normal plant operations especially for
streams having protracted flood durations. Certain accessory land
uses such as yards and parking lots may be at lower elevations sub-
ject to requirements set out in 9.305(3)(b) above. In considering
permit applications, due consideration shall be given to needs of
an industry whose business requires that it be located in flood plain
areas.
SECTION 6
GENERAL FLOOD PLAIN DISTRICT
9. 306 (1)
Permitted Uses - permitted uses shall include those uses permitted by
9.304(1) of this Ordinance.
9. 306 (2)
Conditional Uses - all other uses are Conditional Uses and are permitted
only upon the issuance of a special permit as provided in 9.311(4). The
General Flood Plain District includes both floodway and flood fringe
areas. Based on procedures in 9.311(4)(f), the City Council shall deter-
mine whether the proposed use is in the floodway or flood fringe. If it
is determined that the use lies in the floodway, the provisions of 9.304
of this Ordinance shall apply. If it is determined the proposed use lies
in the flood fringe, the provisions of 9.305 of this Ordinance shall
apply.
- 7-
SECTION 7
9.307
SECTION 8
9. 308 (1)
9.308 (2)
SECTION 9
9. 309 (1)
9. 309 (2)
9. 309 (3)
June 26, 1978
Page 9
SUBDIVISIONS
No land shall be subdivided which is held unsuitable by the City Council
for reason of flooding, inadequate drainage, or inadequate water supply
or sewage treatment facilities. Ail lots within the flood plain dis-
tricts shall contain a building site at or above the regulatory flood
protection elevation. Ail subdivisions shall have water and sewage dis-
posal facilities that comply with the provisions of this Ordinance and
have road access no lower than two feet below the regulatory flood pro-
tection elevation. In the General Flood Plain District, applicants
shall provide the information required in 9.311(4)(f) and the subdivision
shall be evaluated in accordance with procedures therein. Ail subdivi-
sions are additionally subject to the provisions of 9.401, et seq., of
this Code.
PUBLIC UTILITIES, RAILROADS, ROADS AND BRIDGES
Public Utilities - all public utilities and facilities such as gas,
electrical, sewer, and water supply systems to be located in the flood
plain shall be flood proofed in accordance with the State Building Code
or elevated to above the Regulatory Flood Protection Elevation.
Railroads, Roads and Bridges - railroad tracks, roads and bridges to be
located within the floodway shall comply with 9.304(3)(a) and 9.304(3)(b)
of this Article. In all flood plain districts, elevation to the regula-
tory flood protection elevation shall be provided where failure or in-
terruption of these transportation 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 rail-
roads may be constructed at a lower elevation where failure or interrup-
tion of service would not endanger the public health or safety.
MOBILE HOMES AND MOBILE HOME PARKS
New mobile home parks and expansions to existing mobile home parks shall
be subject to the provisions placed on subdivisions by 9.307.
Mobile homes in existing mobile home parks that are located in flood
plain districts may be replaced only if in compliance with the follow-
ing conditions:
(a) The mobile home lies in the Flood Fringe District;
(b)
The mobile home is anchored with tiedowns that comply with
requirements of Minnesota Regulations MoH 450;
(c)
The mobile home owner or renter is notified that the mobile
home site lies in the flood plain and may be subject to flood-
ing;
(d)
The mobile home park owner develops a flood emergency plan con-
sistent with the time available after a flood warning.
Individual mobile homes not located in mobile home parks may be per-
mitted if allowed by other applicable ordinances and if they comply
with the provisions of 9.305(1)(c).
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June 26, 1978
Page 10
SECTION 10
9.310 (1)
9. 310 (2)
9. 310 (3)
SECTION 11
9. 311 (1)
9.311 (2)
WATER SUPPLY AND WASTE DISPOSAL
Within flood-prone areas, new and replacement water supply systems shall
be designed to minimize or eliminate infiltration of flood waters into
the systems.
Within flood-prone areas, new and replacement sanitary sewage systems
shall be designed to minimize or eliminate infiltration of flood waters
into the systems and discharges from the systems in flood waters.
On-site waste disposal systems shall be located to avoid impairment to
them or contamination from them during flooding.
ADMINISTRATION
Zoning Administration - the Zoning Administrator shall administer and en-
force this Ordinance. If he finds a violation of the provisions of this
Ordinance, he shall notify the person responsible for such violation, indi-
cating the nature of the violation, and ordering the action necessary to
correct it.
Use Permit:
(a)
Use Permit Required - a use permit issued by the Zoning Admin-
istrator in conformity with the provisions of this Ordinance
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 extension of a nonconforming use; and prior to
the placement of fill or excavation of materials within the flood
plain.
(b)
Application for Use Permit - application for a use permit shall be
made in duplicate to the Zoning Administrator on forms furnished
by him and shall include the following where applicable: plans
in duplicate drawn to scale, showing the nature, location, dimen-
sions, and elevations of the lot; existing or proposed structures,
fill, or storage of materials; and the location of the foregoing in
relation to the channel.
(c)
State and Federal Permits - prior to granting a use permit or pro-
cessing an application for a Conditional Use Permit or variance, the
Zoning Administrator shall determine that the applicant has obtained
all necessary State and Federal permits.
(d)
Certificate of Zoning Compliance for New, Altered or Nonconforming
Uses - it shall be unlawful to use, occupy or permit the use or
occupancy of any building or premises, or both, or part thereof
hereafter created, erected, changed, converted, or wholly or partly
altered or enlarged in its use or structure until a Certificate of
Zoning Compliance shall have been issued therefore by the Zoning
Administrator stating that the use of the building or land conforms
to the requirements of this Ordinance. Where a nonconforming use or
structure is extended or substantially altered, the Certificate of
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June 26, 1978
Page 11
Zoning Compliance shall specifically state the manner in which the
nonconforming structure or use differs from the provisions of this
Ordinance.
<e)
Construction and Use to be as Provided in Applications, Plans, Per-
mits and Certificates of Zoning Compliance - use permits, Condi-
tional 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 such approved plans
and applications, and no other use, arrangement, or construction.
Any use, arrangement, or construction at variance with that author-
ized shall be deemed violation of this Ordinance, and punishable as
provided by 9.314. The applicant shall be required to submit cer-
tification by a registered professional engineer, registered archi-
tect, or registered land surveyor that the finished fill and build-
ing elevations were accomplished in compliance with the provisions
of this Ordinance. Flood proofing measures shall be certified by
a registered professional engineer or registered architect.
(f)
Record of First Floor Elevation - the Zoning Administrator shall
maintain a record of the elevation of the first floor (including
basement) of all new structures or additions to existing structures
in the flood plain districts. He shall also maintain a record of
the elevations to which structures or additions to structures are
flood proofed.
9.311 (3) Board of Adjustment - the Planning Commission is the Board of Adjustment.
(a)
Rules - the Board of Adjustment shall adopt rules for the con-
duct of business and may exercise all of the powers conferred on
such Boards by State law.
(b)
Administrative Review - the Board shall hear and decide appeals
where it is alleged there is error in any order, requirement, de-
cision, or determination made by an administrative official in
the enforcement or administration of this Ordinance.
(c)
Variances - it may recommend upon appeal in specific cases such
variance from the terms of this Ordinance as will not be contrary
to the public interest, where owing to special conditions as literal
enforcement of the provisions of the Ordinance will result in
unnecessary hardship so that the spirit of the Ordinance shall be
observed and substantial justice done. 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)
Hearings - 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 shall fix a reasonable time for a hearing and
give due notice to the parties in interest. The Board shall submit
to the Commissioner of Natural Resources a copy of the application
- 10 -
June 26, 197~
Page 12
for proposed variances sufficiently in advance so that the Commis-
sioner will receive at least ten days' notice of the hearing.
(e)
Decisions - the Board shall arrive at a decision on such appeal or
variance within a reasonable period of time. In passing upon an ap-
peal the Board may, so long as such action is in conformity with the
provisions of this Ordinance, reverse or affirm wholly or in part or
modify the order requirement, decision or determination appealed from
and 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 may prescribe appropriate conditions and safeguards such as
those specified in 9.311(4)(j), which are in conformity with the pur-
poses of this Ordinance. Violations of such conditions and safeguards,
when made a part of the terms under which the variance is granted,
shall be deemed a violation of this Ordinance punishable under 9.314.
A copy of all decisions granting a variance shall be forwarded to the
Commissioner of Natural Resources within ten (10) days of such action.
(f)
Appeal to the City Council and District Court - appeals from any de-
cision of the Board may be taken by any person or persons jointly
or severally aggrieved by any decision of the Board or any taxpayer,
officer, department, board or bureau of the municipality to the City
Council. The decision of the City Council may be appealed to the
District Court of this jurisdiction as provided in Minnesota Sta-
tute 462.361.
9.311 (4)
Conditional Uses - the Board of Adjustment shall hear and decide applica-
tions for Conditional Uses permissable under this Ordinance. Applications
shall be submitted to the Zoning Administrator who shall forward the appli-
cation to the Board of Adjustment for consideration.
(a)
Hearings - upon filing with the Board of Adjustment of an application
for a Conditional Use Permit, the Board of Adjustment shall submit to
the Commissioner of Natural Resources a copy of the application for
proposed Conditional Uses sufficiently in advance so that the Commis-
sioner will receive at least ten days' notice of the hearing.
(b)
Decisions - the Board of Adjustment shall arrive at a decision on a
Conditional Use within a reasonable period of time. In granting a
Conditional Use Permit, the Board of Adjustment may prescribe appro-
priate conditions and safeguards, in addition to those specified in
9.311(4)(j), which are in conformity with the purposes of this Ordi-
nance. Violations of such conditions and safeguards, when made a
part of the terms under which the Conditional Use Permit is granted,
shall be deemed a violation of this Ordinance punishable under 9.314.
A copy of all decisions granting Conditional Use Permits shall be for-
warded to the Commissioner of Natural Resources within ten (10) days
of such action.
(c)
The Board of Adjustment shall on Conditional Use requests, make findings
as to the conditions relating to the request, description and severity
of hardship and conditions necessary to bring the development condi-
tions relating to the particular lot into an equitable position for
carrying out the spirit and intent of the Ordinance and Comprehensive
- 11 -
June 26, 1978
Page 13
(d)
(e)
(f)
Plan. The findings shall be transmitted to the City Council in reso-
lution form within 90 days after having been filed with the City.
The City Council shall make a determination within 60 days after re-
ceiving the resolution from the Board.
Reapplication after denial - no application for a Conditional Use which
has been denied wholly or in part shall be resubmitted until a period of
6 months has passed from the date of said decision by the City Council,
except on grounds of new evidence or proof of a change in conditions
submitted to and found acceptable by the chairman of the Board of Ad-
justment.
Revocation - a violation of any condition set forth in granting a Con-
ditional Use shall be a violation of this Ordinance and automatically
terminates the Conditional Use. A Conditional Use granted shall become
void within one year unless utilized to correct the situation as pre-
sented in support of granting a Conditional Use unless extension is ap-
plied for and granted by the City Council.
Procedures for Evaluating Proposed Conditional Uses Within the Gen-
eral Flood Plain District - upon receipt of an application for a
Conditional Use Permit for a use within the General Flood Plain Dis-
trict, the applicant shall be required to furnish such of the follow-
ing information as is deemed necessary by the Board of Adjustment for
the determination of the regulatory flood protection elevation and
whether the proposed use is the floodway or the flood fringe.
(i)
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.
(ii)
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 vege-
tation upstream and downstream; and soil type.
(iii) Profile showing the slope of the bottom of the channel or
flow line of the stream for at least 500 feet in either di-
rection from the proposed development.
One copy of the above information shall be transmitted 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
and to determine the regulatory flood protection elevation. Procedures
consistent with Minnesota Regulations NR 86-87 shall be followed in
this expert evaluation. The designated engineer or expert shall:
(i) Estimate the peak discharge of the regional flood.
(ii)
Calculate the water surface profile of the regional flood based
upon a hydraulic analysis of the stream channel and overbank
areas.
- 12 -
June 26, 1978
Page 14
(g)
(h)
(iii) Compute the floodway necessary to convey the regional flood
without increasing flood stages more than 0.5 feet. An equal
degree of encroachment on both sides of the stream within the
reach shall be assumed.
Based upon the technical evaluation of the designated engineer or ex-
pert, the Board of Adjustment shall determine whether the proposed use
is in the floodway or flood fringe and the regulatory flood protection
elevation at the site.
Procedures to be Followed by the Board of Adjustment in Passing on
Conditional Use Permit Applications Within Ail Flood Plain Districts -
The applicant shall furnish such of the following information and addi-
tional information as deemed necessary by the Board of Adjustment for
determining the suitability of the particular site for the proposed
use:
(i)
Plans in triplicate drawn to scale showing the nature, loca-
tion, dimensions, and elevation of the lot, existing or pro-
posed structures, fill, storage of materials, floodproofing
measures, and the relationship of the above to the location of
the channel.
(ii)
Specifications for building construction and materials, flood-
proofing, filling, dredging, grading, channel improvement,
storage of materials, water supply and sanitary facilities.
The applicant shall transmit one copy of the information described in
this subsection 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.
Based upon the technical evaluation of the designated engineer or ex-
pert, the Board of Adjustment shall determine the specific flood
hazard at the site and evaluate the suitability of the proposed use in
relation to the flood hazard.
Factors Upon Which the Decision of the Board of Adjustment Shall Be
Based - in passing upon Conditional Use applications, the Board of
Adjustment shall consider all relevant factors specified in other sec-
tions of this Ordinance, and:
(i)
The danger to life and property due to increased flood heights
or velocities caused by encroachments;
(ii) The danger that materials may be swept onto other lands or down-
stream to the injury of others;
(iii) The proposed water supply and sanitation systems and the ability
of these systems to prevent disease, contamination, and unsani-
tary conditions.
- 13 -
June 26, 1978
Page 15
(i)
(J)
(iv)
(v)
The susceptibility of the proposed facility and its contents
to flood damage and the effect of such damage on the indi-
vidual owner;
The importance of the services provided by the proposed faci-
lity to the community;
(vi) The requirements of the facility for a waterfront location;
(vii) The availability of alternative locations not subject to flood-
ing for the proposed use;
(viii) The compatibility of the proposed use with existing develop-
ment and development anticipated in the foreseeable future;
(ix) The relationship of the proposed use to the comprehensive plan
and flood plain management program for the area;
(x) The safety of access to the property in times of flood for
ordinary and emergency vehicles;
(xi) The expected heights, velocity, duration, rate of rise, and
sediment transport of the flood waters expected at the site;
(xii) Such other factors which are relevant to the purposes of this
Ordinance.
Time for Acting on Application - the Board of Adjustment shall act
on an application in the manner above described within 120 days from
receiving the application, except that where additional information
is required pursuant to 9.311(4)(f) and 9.311(4)(g) of this Ordinance.
The Board of Adjustment shall render a written decision within 60 days
from the receipt of such information.
Conditions Attached to Conditional Use Permits - upon consideration
of the factors listed above and the purposes of this Ordinance, the
Board of Adjustment may attach such conditions to the granting of
Conditional Use Permits as it deems necessary to fulfill the purposes
of this Ordinance. Such conditions may include, but are not limited
to, the following:
(i) Modification of waste disposal and water supply facilities;
(ii) Limitations on period of use, occupancy, and operation;
(iii) Imposition of operational controls, sureties, and deed res-
trictions;
(iv) Requirements for construction of channel modifications, dikes,
levees, and other protective measures;
(v) Flood proofing measures, in accordance with the State Building
Code. 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
- 14 -
June 26, 1978
Page 16
SECTION 12
9. 312 (1)
flood protection elevation and associated flood factors for
the particular area.
(k)
The Board of Adjustment shall on Conditional Use requests, make find-
ings as to the conditions relating to the request, description and
severity of hardship and conditions necessary to bring the develop-
ment conditions relating to the particular lot into an equitable posi-
tion for carrying out the spirit and intent of the Ordinance and Com-
prehensive Plan. The findings shall be transmitted to the City Council
in resolution form within 90 days after having been filed with the City.
The City Council shall make a determination within 60 days after re-
ceiving the resolution from the Board.
(1)
Reapplication After Denial - no application for a Conditional Use
which has been denied wholly or in part shall be resubmitted until a
period of 6 months has passed from the date of said decision by the
City Council, except on grounds of new evidence or proof of a change
in conditions submitted to and found acceptable by the chairman of the
Board of Adjustment.
(m)
Revocation - a violation of any condition set forth in granting a Con-
ditional Use shall be a violation of this Ordinance and automatically
terminates the Conditional Use. A Conditional Use granted shall be-
come void within one year unless utilized to correct the situation as
presented in support of granting the Conditional Use unless extension
is applied for and granted by the City Council.
NONCONFORMING USES
A structure or the use of a structure or premises which was lawful before
the passage or amendment of this Ordinance but which is not in conformity
with the provisions of this Ordinance may be continued subject to the fol-
lowing conditions:
(a) No such use shall be expanded, changed, enlarged, or altered in a
way which increases its nonconformity.
(b)
No structural alteration or addition to any nonconforming structure
over the life of the structure shall exceed fifty percent of its
value at the time of its becoming a nonconforming use, unless the
structure is permanently changed to a conforming use or unless the
alteration or addition would substantially reduce potential flood
damages for the entire structure.
(c)
Any alteration or addition to any nonconforming use which would re-
sult in substantially increasing its flood damage potential shall
be protected in accordance with 9.311(j)(v) of this Ordinance.
(d)
If such use is discontinued for 12 consecutive months, any future use
of the building premises shall conform to this Ordinance. The asses-
sor shall notify the Zoning Administrator in writing of instances of
nonconforming uses which have been discontinued for a period of 12
months.
(e) If any nonconforming use is destroyed by any means, including floods,
to an extent of fifty percent or more of its assessed value, it shall
- 15 -
June 26, 1978
Page 17
SECTION 13
9.313
SECTION 14
9. 314
not be reconstructed except in conformity with the provisions of this
Ordinance. However, the City Council may issue a Conditional Use Per-
mit for reconstruction if the use is located outside the floodway,
and, upon reconstruction, is adequately floodproofed, elevated, or
otherwise protected in conformity with 9.311(4)(j).
(f) Uses or adjuncts thereof which are or become nuisances shall not be
entitled to continue as nonconforming uses.
(g) Except as provided in 9.312(1)(e), any use which has been permitted
as a Conditional Use shall not be considered as a nonconforming use.
(h)
Nonconforming uses located in the Floodway District shall be eliminated
or brought into conformity with the standards contained in this Ordi-
nance within a reasonable period of time as determined by the City
Council, after a hearing for each such nonconforming use. The Board
shall make its determination upon the basis of the normal useful life
of any improvement upon the premises. In addition, the monetary value
of any competative advantage derived by the operation of such noncon-
forming use, by reason of the limitation on establishment of competing
businesses as a result of this Ordinance, shall be considered as a re-
duction of losses resulting from the requirement of termination of the
use under this Ordinance.
(i)
The Zoning Administrator shall prepare a list of those nonconforming
uses which have been floodproofed or otherwise adequately protected
in conformity with 9.311(4)(j). He shall present such list to the
City Council which may issue a certificate to the owner stating that
such uses, as a result of these corrective measures, are in conformity
with the provisions of this Ordinance.
AMENDMENTS
The flood plain designation on the Official Zoning Map shall not be removed
from the flood plain areas unless it can be shown that designation is in
error or that the area has been filled to at or above the elevation of the
regional flood and is contiguous to lands outside the flood plain. Special
exceptions to this rule may be permitted by the Commissioner of Natural Re-
sources if he determines that, through other measures, lands are adequately
protected for the intended use.
Ail amendments to this Ordinance, including amendments to the Official Zon-
ing Map must be submitted to and approved by the Commissioner of Natural
Resources prior to adoption. Changes in the Official Zoning Map also re-
quire prior approval by the Federal Insurance Administration.
PENALTIES FOR VIOLATION
Violation of the provisions of this Ordinance or failure to comply with
any of its requirements (including violations of conditions and safe-
guards established in connection with grants of variances or Conditional
Uses) shall constitute a misdemeanor. Any person, firm, corporation or
voluntary association who violated this Ordinance or fails to comply with
any of its requirements shall upon conviction thereof be fined not more
than $500.00 or imprisoned for not more than 90 days, or both. Each day
such violation continues shall be considered a separate offense.
- 16 -
June 26, 1978
Page 18
Nothing herein contained shall prevent the City from taking such other
lawful action as is necessary to prevent or remedy any violation."
Section 2. This Ordinance shall be in full force and effect from and after thirty
(30) days after its passage.
First Reading: 4/25/78
Offered by: Hentges
Seconded by: Norberg
City Attorney Kalina noted a few minor changes which were made in the ordinance as a
result of a letter from the federal government. Discussion followed on the changes
and how much flood insurance might cost homeowners. Councilman Norberg pointed out
a definition of structure which he would like to have changed. Discussion followed
on the present definition in the ordinance.
Motion by Norberg to table the ordinance until the next meeting.
Motion dies for lack of a second.
Discussion continued on how this ordinance will affect residents in the flood plain
areas. Mayor Nawrocki suggested this ordinance be deferred until the next meeting
and have the City Manager and City Attorney put together a paper on the ordinance
to review it up to this point. He added he had asked the Insurance Commission for a
report on the effects of this proposed ordinance but has not as yet received it.
Motion by Hentges, seconded by Nawrocki, to table this ordinance until the next meeting.
Roll Call: Hentges, Nawrocki - Aye
Heintz, Norberg - Nay
Motion fails.
Motion by Norberg, seconded by Hentges, to amend page 4, the definition of a structure
to read, "anything habitable or usable for the storage or housing of or operation of
machines or commodities which is constructed or erected on the ground or attached to
the ground including but not limited to buildings, factories, sheds, cabins, mobile
homes, and other similar items.
Further discussion was held on the ordinance and the proposed amendment.
Motion by Norberg, seconded by Hentges, to table this matter for further consideration
until the next regular meeting.
Discussion followed on whether this motion was in order. The City Attorney ruled that
it was not.
Motion by Norberg, seconded by Hentges, to reconsider the previous motion to table for
further consideration of this matter.
Roll Call: Norberg, Hentges, Nawrocki - Aye
Heintz - Nay
June 26, 1978
Page 19
Motion by, Hentges, seconded by Norberg, to table this matter until a 'later date.
Roll Call: Norberg, Hentges, Nawrocki - Aye
Heintz - Nay
2. Ordinance 889
The City Manager read ordinance 889 being an ordinance vacating drainage and utility
easements in lots ]5 and 36, Cheery Heights, Minnesota.
Offered by: Hentges
Seconded by: Heintz
Roll Cai]: All Ayes
COMMUNICATIONS:
2. Letter from Metropolitan Council Regarding Local Planning Assistance Grant
City Manager Bocwinski stated that Dean Otterson received a letter from the Metropolitan
Council asking the relationship of the activities intended to be undertaken with these
funds to the 1959 comprehensive plan. He asked what the desire of the Council would be
as to the staff preparing a new comprehensive plan.
Mayor Nawrocki stated that the Council did not intend to develop a new land use plan.
Discussion followed on just what the Metropolitan Council was requesting and what the
City's response should be. Council decided to keep the 1959 comprehensive plan and
update it as the Metropolitan Council wishes. This matter will be handled
administratively.
Letter from Metropolitan Council Regarding Small
Cities Community Deve]opment Block Grant Application
City Manager Bocwinski stated that this letter from Metropolitan Council stated that
the City's Community Deve]o~n~ent B]ock Grant project is consistent with Council
policy,, Ti~is item was brought up for the Councii"s information.
OLD BUSINESS:
]. Insurance Commission Chairman Appointment
Motion by Hentges, seconded by Norberg, to appoint Wa11y Wahiberg as Chairman of the
Insurance Commission.
Motion was declared out of order by the Mayor based on the City Attorney's opinion as
a motion was on the table from the previous meeting.
Motion by Hentges, seconded by Norberg, to take the matter of the appointment of an
Insurance Commission chairman from the table.
Roll Call: Norberg, Hentges - Aye
Heintz, Nawrocki - Nay
Motion fails.
June 26, 1978
Page 20
2. Recreation and Community Services Commission Appointment
Motion by Heintz, seconded by Nawrocki, to table this matter pending an interview,
prior to the next Council meeting, with the individual whose application was just
received.
Roll Call: Heintz, Nawrocki - Aye
Norberg, Hentges - Nay
Motion fails.
Motion by Hentges that the Council consider the five applications which were received
and appoint Mr. Tomscak to the Recreation Commission.
Motion dies for lack of a second.
Discussion followed on the reason for waiting to interview this applicant.
Mayor Nawrocki noted that Mr. Robert Hinrichs of the HRA Commission has resigned. It
is up to the Mayor to make an appointment, with the approval of the Council. Mayor
Nawrocki stated he would like to submit to the Council the name of Sebe Heintz to
fill the unexpired term of Mr. Hinrichs.
Motion by Hentges, seconded by Nawrocki, to concur in the Mayor's appointment of
Sebe Heintz to fill out the unexpired term of Mr. Hinrichs on the HRA Commission.
Roll Call: Heintz, Hentges, Nawrocki - Aye
Norberg - Abstain
Mayor Nawrocki also brought up the subject of the City Planner and HRA Director being
the same person and the possibility of conflict. The Mayor asked that Councilman
Heintz, Councilman Hentges, and the City Manager act as an ad hoc committee to explore
this matter and report back to the Council with any recommendations which they might
have on this subject.
Councilman Norberg stated he doesn't favor looking into this, the reason being that the
present arrangement is good and he would not like to see it deteriorate.
Motion by Nawrocki, seconded by Heintz, to form an ad hoc committee and have them
report back to the Council with a recommendation.
Roll Call: Heintz, Hentges, Nawrocki - Aye
Norberg Nay
3. Sullivan Lake Appraisals
The City Manager reported on the two appraisals. Discussion followed on what types
of construction would be best for the site. Councilman Norberg stated his concern
about not getting any input from the immediate neighbors before the City considers
selling the land. The Mayor suggested it would be in order to solicit some tentative
proposals for the property and then call a meeting with the neighbors.
June 26, 1978
Page 2]
Motion by Norber9, seconded by Hentges, that the City Manager be authorized to
solicit proposals from interested parties for use of the parcel of ]and in
question and report back to the Council at such times as appropriate.
Roll Call: All Ayes
Recess at ]0:07 p.m.
Reconvene at 10:37 p.m.
Review of Change Order #5 on Electrical Work for City Hall Addition
The City Manager explained the error in the amount of the change order.
Motion by Norberg, seconded by Heintz, that change order )5 for the City Ha]]
remodeling be amended from $2,077 to $2,285.
Roll Call: Heintz, Norberg, Nawrocki - Aye
Hentges - Nay
Other Old Business
Councilman Norberg stated that some CETA employees will be leaving as of June 30.
He asked if departments wi]] be up to mannin9 levels. Discussion on funding of
CETA positions and the future budgetin9. Councilman Norber9 expressed the fee]in9
that if the City Manager wanted to make specific recommendations on keepin9
employees after CETA he would be open to it.
NEW BUSINESS:
1. Bids on Dredging Sullivan Lake
Earl Gustafson, Public Works Director, reported on the bids and their breakdown.
Motion by Norberg, seconded by Hentges, that Mini-Dredge, Inc. be awarded the bid for
project #7803, Sullivan Lake dredging, based on low competitive bid, conditional
upon the issuance of a PCA permit on July 12 and that the Mayor and City Manager
be authorized to enter into a contract at that time in the amount of $99,719.70.
The authorization will also be contingent on c:losin9 of the agreement with Midland.
Roll Call: All Ayes
2. Wage Adjustments
The wage adjustment wi]l be handled administratively unless the Council takes action
against it:.
Motion by Norberg that there be no merit adjustment at this time for the City Engineer.
Motion dies for lack of a second.
June 26, 1978
Page 22
RESOLUTION 78-23
BEING A RESOLUTION ESTABLISHING A SALARY FOR THE COUNCIL SECRETARY
BE IT RESOLVED by the City Council of the City of Columbia Heights:
That the salary of the position of Council Secretary be established at the rate
of $890.00 per month. Said rate to be retroactive to the six month anniversary
date of the employee occupying such position.
Passed this 26th day of June, 1978.
Offered by: Norberg
Seconded by: Heintz
Roll Call: All Ayes
RESOLUTION 78-24
BEING A RESOLUTION ESTABLISHING A SALARY FOR THE POLICE CHIEF
BE IT RESOLVED by the City Council of the City of Columbia Heights:
That the salary for the position of Chief of Police be established at the annual
rate of $25,314.00. Said rate shall be retroactive to the annual anniversary date
of the employee holding such position.
Passed this 26th day of June, 1978.
Offered by: Heintz
Seconded by: Hentges
Roll Call: All Ayes
3. Bids on Hazardous Sidewalk Replacement
Earl Gustafson reported that Boda Construction Company was the low bidder for the
sidewalk replacement program.
Discussion followed on the actual cost of the replacement program vs. the estimated
cost at the time of the assessment hearing, and whether the hearing should be held
over because of the higher cost of the program.
Motion by Norberg, seconded by Hentges, to table this question until the next
regular Council meeting with instructions to the City Manager to investigate the
possibility of having the low bidder extend his fee eligibility, if he will extend
it by enough, the City Manager be authorized to advertise for another public hearing.
Roll Call: Norberg, Hentges, Nawrocki - Aye Heintz - Nay
Motion by Hentges, seconded by Nawrocki, to waive the 11:30 p.m. adjournment rule
to finish the agenda.
Discussion followed on the estimated time it would take to finish the agenda.
Roll Call: Hentges, Nawrocki - Aye Heintz, Norberg - Nay
Motion fails.
June 26, 1978
Page 23
Motion by Hentges, seconded by Heintz, to recess the meeting until 9:00 p.m.
Tuesday, June 27.
Roll Call: All Ayes
Bru'e~_G. Nawrocki, Mayor
Council Secretary