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2806044 " t 14, • DOCUMENT :- _ OFFICE. ( :,• i)ER PAY (:,:- HTY MN .'.:E0 ON tiny 13 3 46 PH 194 'Cr STATE OF MINNESOTA ) Tr COUNTY OF RAMSEY ) ss. 0 CZ CITY OF ST. PAUL ) RECORDED ON 0 MAY 1 3 1994 ac, c"\t I, Frances Swanson, Deputy City Clerk of the City of Saint Paul, Minnesota, do here /Liz_ fired the attached copy of the vote on a Charter 4 /A},..(2,e4 Election held on November 5, 1991 together w ---7 No. 91-2076 as adopted by the City Council or approved by the Mayor on 1771,L.:T:24/-2-0 November 18, 1990 with the original thereof on file in my office. Hiing fee Rec copy Cer copy Initials Pd by/bi I /9' I further certify that said copy is a true and correct copy of said original and the whole thereof. WITNESS, my hand and the seal of the City of Saint Paul, Minnesota this 2nd day of May 1994. „..,,' ; ,--; • .1 ,. 1.-,.) ,$, • v-i :,‘, DEPUTY CITY CLERK ,:".. l.t...11:., ., 1 .. .4, L:„ :e '-Tif,:..'....;:i: -1 / a;F::' . te• ; . ...,.....:4-)0.,•7,- - - .. / , :-/, .,14.••,,,,....F., :, • (-• ' I . ... , . . „ it/74, en' 2806044 ( I i ) Ca, o rile 0 I,. 1't y' Green Sheet I iiYro RESOLUTION ' CITY OF SAINT PAUL, ' INNESOTA , 1 Presented By ,i . .. f , /if /"' ;, • Referred To _ Comsitt••s Dat• _ i 4.r WHEREAS. The Council of the City of Snint Pnul, together with its City Clerk has duly canvassed the returns and votes at the City General Election held on Tuesday, November 5, 1991, a copy of which canvass is hereto attached and tend* a pert hereof; and w WHEREAS. It appears from said returns and the canvass thereof that the following i named persona received more votes than any other candidates or person for election for the following named offices in the City of Saint Pnult 1 " COUNCILMEMBER(Two Year Term) ' DISTRICT 1 Bill Wilson DISTRICT 2 ' Dave Thum' ! fl l DISTRICT 3 1 „a Bob Long DISTRICT 4 Paula Maccabee ' : DISTRICT 5 Janice Rottman DISTRICT 6 } Karl Neid I. y DISTRICT 7 Iz Dino P. Guerin MEMBER OF BOARD OF EDUCATION(Four Year Term) 1 r Bill Carlson R Tom Conlon i `o Greg Filico Choua Lee . a I. a i'''',',..f.. ' ,'. .,., r i4 ,, y at °%+ y ' 41.^ s ' " tt "�F )`• w.vv.. ,r—en.. . 2806044 THEREFORE, BE IT RESOLVED, That each of the foregoing persons ho and is declared elected to the respective offices as designated shove and the City Clerk is hereby instructed and directed to notify them of their election and to issue and deliver to them the proper certificates of election. and WHEREAS, the Council of the City of Saint Pnul, together with its City Clerk, has duly canvassed the returns of the votes cast at the City General Election held in the City on the 5ch day of November, 1991, upon the ratifi- cation or rejection of an amendment to the Saint Paul Legislative Code no as to repeal those sections of the Human Rights Ordinance which protect persons from discrimination on the basis of sexual and affectional orientation; and WHEREAS, it appears from said returns a canvass thereof that 21,009 electors voted in favor of the adoption of said amendment to the legislative Code and 24,945 voted against adoption thereof; and WHEREAS, Saint Paul City Charter, 1 8.04 provides that such amendment proposed by initiative petition must be approved by a majority of those voting on the amendment, now, therefore, be it RESOLVED, That said amendment to the Saint Paul Legislative Code is here- by declared to have received less than a favorable majority of the votes cast upon the question and to have failed of adoption; and WHEREAS, The Council of the City of Saint Paul, together with its City Clerk, has duly canvassed the returns of the votes cast at the City General Election held in the City on the 5th day of November, 1991, upon the ratifi- cation or rejection of an amendment to the City Charter so as to provide for written summaries of Council resolutions; and WHEREAS, It appears from said returns and canvass thereof that 20,789 electors voted in favor of the adoption of said amendment to the City Charter and 20,714 voted against adoption thereof; and WHEREAS, Minnesota Statutes, Section 410.12, provides that such Amendment • to the City Charter must be approved by 51% of those voting upon the question, and 50.09% of those voting thereon voted in favor of such approval, therefore be it RESOLVED, That said amendment to the City Charter is hereby declared to have received less than 51% of the favorable votes cast upon the question and to have failed of adoption. and WHEREAS, The Council of the City of Saint Paul, together with its City Clerk, has duly canvassed the returns of the votes cast at the City General {F Election held in the City on the 5th day of November, 1991, upon the ratifi- cation or rejection of an amendment to the City Charter so as to provide for change in the Councilmember Wards from seven (7) to nine (9), with 5 members representing wards and 4 at-large members; and i WHEREAS, It appears from said returns and canvass thereof that 14,755 electors voted in favor of the adoption of said amendment to the City Charter and 26,940 voted against adoption thereof; and 4 WHEREAS, Minnesota Statutes, Section 410.12, provides that such Amendment } to the City Charter must be approved by 51% of those voting upon the question, and 35.39% of those voting thereon voted in favor of such approval, therefore be it RESOLVED, That said amendment to the City Charter is hereby declared to ° have received less than 51% of the favorable votes cast upon the question and to have failed of adoption. and ..----3 I. a; f∎-. , 0 i\meINIVb1 -.• a•m. 2806044 ' WHEREAS, The Council of the City of Saint Paul, together with its City Clerk, has duly canvassed the returns of the votes cast at the City General Election held in the City on the 5th day of November, 1991, upon the ratifi- cation-Cime rejection of an amendment provide • part secretary per councilmember{ and WHEREAS, It appears from said returns and canvass thereof that 27,780 e lectors voted in favor of the adoption of said amendment to the City Charter • and 15,375 voted against adoption thereof{ and WHEREAS, Minnesota Statutes, Section 410.12, provides that such Amendment the City n t64.37Z ofhthose approved by those voting upon question, therefore and a be it received,moretthandSIX of the favorabletvotesrcastiupon hereby the question and have races to have passed for adoption. rrn ays l�bsent Requested by Dap/ 1 . ef7• 1:744- az,4-- vt. _•,. � m 4 Or r 7447 r.7 iv ���t1 Xt)(AIGIg.re ..--serer (js� . ( �E -, j, NOV 1 2 1991 form Approved by City Attorney Adopted by Councils Date A Adoption Certified by Council ecretary Sys ja ms. A.K1 Lia,_ Sys ,�_ Alb Approved by Mayor for Dubmis on to Approved by\ yore Date NO 1 8 Council I 1/1141( Sys �' (Sys `'• WIPED NOV 2 3'91 2/1-- . — 4 t . `, 126 THIS SHEET COVERS CHARTER '` 2806044 AMENDMENT ADOPTED AT THE CITY y: � VOTE ON AMENDMENT TO GENERAL ELECTION ON CITY CHARTER NOVEMBER 5, 1991. jM4 ' mo ice CITY CHARTER AMENDMENT TOTAL REGISTERED 159,564 0 Shall the Charter of the City TOTAL VOTES CAST IN ELECTION 46,723 ;g4 of Saint Paul be amended so that TOTAL VOTES CAST ON QUESTION 43,155 effective the first business day of 1994: a) Councilmembers will be longer For text on ballot, see other side. work full-time on City business; and ADOPTED b) Councilmember positions will 64.37% be considered part-time; and c) Councilmember salaries shall be $30,000 plus benefits; VOTE BY DISTRICTS - - and d) Councilmember personal staff DISTRICT YES NO TOTAL VOTE shall be limited to one 1. 2,207 2,017 ( 4,224 legislative aide and one secretary? 2. 3,808 1,944 5,752 3. 6,014 2,750 8,764 4. 4,330 3,175 7,505 5. 3,457 1,979 5,436 6. 4,048 1,675 5,723 7. 3,916 1,835 5,751 27,780 15,375 43,155 (64.37%) (35.63%) Fifty-one percent (51%) of the total votes cast on the Amendment (Total of "Yes" and "No") is necessary for adoption. • 5--------- III ? , ,,. - --, 2806044 ,; CITY. NONPARTISAN GENERAL ELECTION INDEPENDENT SCHOOL DISTRICT NO. 625 ry TUESDAY, NOVEMBER 5, 1991 - ST. PAUL, MINNESOTA �. ,f CITY OF SAINT PAUL BALLOT QUESTIONS INSTRUCTIONS TO VOTERS: *, To vote for the proposition, fill in the arrow opposite the word "YES", To vote against the proposition, fill in *.ne arrow opposite the word "NO". -- ;, "Shall the Charter of the City of Saint Paul be amended so that effective the first business day of ; 1994: a) Councilmembers will no longer work full-time on City business; and b) Councilmembers positions will be considered part-time; and =tom_ c) Councilmember salaries shall be $30,000 plus benefits; and .° d) Councilmember personal staff I • shall be limited to one legislative aide and one secretary?" YES 011 y� . . N O y1 �:. Ill '1 RECORDED ON DOCUMENT t2.0. oFFECr CO z,)+ 6F -_ 2735409 RAMSEY E' -'`'_t . D ON JUL 16 1993 JUL 16 3 39 P '93 Qlnstru # 20600 co;_: Filing feet _�a �'I'�Y '� STATE OF MINNESOTA ) Rec copy COUNTY OF RAMSEY ) ss. Cer cop CITY OF ST. PAUL ) Initials LPdby/bill _..�G....._. s I, Molly O'Rourke, City Clerk of the City of Saint Paul, Minnesota, do hereby certify that I have compared the attached copy of Council File No. 93-531 as adopted by the City Council on May 6, 1993 and approved by the Mayor on May 7, 1993 with the original thereof on file in my office. I further certifiy that said copy is a true and correct copy of said original and the whole thereof. WITNESS, my hand and the seal of the City of Saint Paul, Minnesota this 16th day of July, 1993. )221;Le"-ei. 4(.47(7-1 CITY CLERK ETLJR TO 1 o71693 wool: .##::.o351-2-nsH 27.5o 4114(iiNAL. s' ) / ) Council File 3 q/. ¶ I n ; Ordinance � Green Sheet 0 n ORDINANCE 01Ff-ORSAINT PAUL, MINNESOTA 2735409 Presented By Referred To \ Committee: Date ZONING CODE AMENDMENTS An ordinance amending Chapters 60, 62, 64, 65, and 67 of the Saint Paul Legislative Code pertaining to the Zoning Code regarding the River Corridor. The council of the city of Saint Paul does ordain: Section 1 That Section 60.202 B of the Saint Paul Legislative Code be amended so as to add the following new definition thereto: Basement (River Corridor District only) . Any area of a structure having its floor subgrade (below ground level) on all four sides. Section 2 • That Section 60.206 F of the Saint Paul Legislative Code be amended so as to add the following new definition thereto: 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. Section 3 That Section 60.208 H of the Saint Paul Legislative Code be amended so as to add the following: Historic Structure (River Corridor District only) . Any structure that is: (a) Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; (b) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance 1 eN .Thrieri:',\Fr f-' "1 lid f 74414;g00 of a registered historic district or a district prelimin- 2735409 arily determined by the Secretary to qualify as a registered historic district; or (c) Designated by the City as a heritage preservation site. Section 4 That Section 60.215 0 of the Saint Paul Legislative Code be amended so a to add the following new definition thereto: Obstruction (River Corridor District only) . Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel modification, culvert, building, wire, fence, stockpile, refuse, fill, structure, or matter in, along,- across, or projecting into any channel, watercourse, or regulatory flood plain which may impede, retard, or change the direction of the flow of water, either by itself or by catching or collecting debris carried by such water. Section 5 That Section 60.218 R of the Saint Paul Legislative Code be amended so as to add the following definition thereto: 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. Section 6 That Section 65.101 (Intent) of the Saint Paul Legislative Code is hereby amended to read as follows: Sec. 65.101. Intent and Purpose: The River Corridor District and its subclassifications. RC-1, RC-2, RC-3 and RC-4 are map overlay districts, designed to provide comprehensive floodplain and river bluff management for the City of Saint Paul in accordance with the policies of Minnesota Statutes (Chapters 104 and 116G) , Minnesota Regulations (MEQC 54) and Governor's Executive Order No. 79-19. It is the purpose of this chapter: 1. To protect and preserve the Mississippi River Corridor as a unique and valuable resource for the benefit of the health, safety, and welfare of the citizens of the city and the state: 2 To prevent and mitigate irreversible damage to the 2 3 • 2"735409 Mississippi. River Corridor: 3. To protect and preserve the Mississippi River Corridor as an essential element in the federal , state, regional and local recreation, transportation, sewer and water systems: 4 To maintain the River Corridor's value and utility for residential, commercial, industrial and public purposes: 5 To protect and preserve the Saint Paul Mississippi River Corridor's biological and ecological functions: 6 To preserve and enhance the Saint Paul Mississippi River Corridor's aesthetic, cultural, scientific and historic functions: 7. To guide development of the floodplain so as to minimize loss of life, threats to health, and private and public economic loss caused by flooding: and 8 To guide floodplain development in order to lessen the adverse affects of floods, but not to reduce or eliminate flooding. Section 7 That Section 65.102 (Establishment) Subdivision (a) of the Saint Paul Legislative Code is hereby repealed in its entirety and the following adopted in place thereof: (a) This ordinance shall apply to all lands within the city of Saint Paul shown on the river corridor overlay zoning district maps as being located within the boundaries of the RC-1 River Corridor Floodway District, RC-2 River Corridor Flood Fringe District, RC-3 River Corridor Urban Open Space District, and RC-4 River Corridor Urban Diversified District. Section 8 That Section 65.102 (Establishment) of the Saint Paul Legislative Code be amended so as to add the following new subdivision (b) thereto, to renumber present Subdivision CO to be Subdivision (c) , and to amend new Subdivision (c) to read as follows: (b) The twenty-one (21) River Corridor Overlay Zoning Districts Maps, dated July 6, 1987, together with all matters attached thereto, are hereby adopted by reference and made a part of this code as if the matters and information set forth therein were fully described herein. The attached material shall include: (1) the Flood Insurance Study for the city of Saint Paul prepared by the Federal Insurance Administration dated August 3, 1989; (2) the Flood Insurance Rate Map, dated August 3, 1989 and 3 ORIGINAL • 2735409 • July 2, 1991; and (3) four (4) maps entitled River Corridor Floodway District, dated July 6, 1987. (c) (4)Within these districts all uses not allowed as permitted uses or as permitted uses subject to special conditions shall be and are hereby prohibited. Legal nonconforming structures or uses existing on the effective date of this chapter or amendment thereto will be permitted to continue as provided in Section 62.102 and section 65.900. Section 9 That Section 65.103 (Compliance) subdivisions (c) and (d) are hereby repealed in their entirety and the following new subdivisions (c) , (d) , and (e) are adopted in place thereof: (c) A site plan shall be submitted to and approved by the planning commission in accordance with Section 62.108 before a permit is issued for any development on property wholly or partially located within the River Corridor District. For any development in the RC-1 and RC-2 districts, the site plan shall include the regulatory flood protection elevation; the proposed elevation of fill; the proposed elevation of the lowest floor of new structures, altered structures, and additions to existing structures; and the proposed elevation to which structures will be floodproofed. (d) All building permits for structures proposed to be floodproofed in the RC-1 and RC-2 districts shall be reviewed to determine whether the structures will be adequately floodproofed. (e) Certification. Before a certificate of occupancy is issued for any development in the RC-1 and RC-2 districts, the applicant shall submit to the zoning administrator certification by a registered professional engineer, registered architect, registered landscape architect, or registered land surveyor that the finished fill and building elevations were accomplished in compliance with the provisions of this ordinance. Finished fill and building elevations shall be verified by ground surveys. Flood-proofing measures shall be certified by a registered professional engineer or registered architect. Section 10 That Section 65.211 of the Saint Paul Legislative 'Code is hereby amended to read as follows: Sec. 65.211. Principal uses permitted. The following uses shall be permitted within the RC-1 Floodway District to the extent that they are not prohibited by any other provision of the zoning code or other ordinances, and provided that they have a low flood damage 4 %1..EE.) • 2735409 potential, will not materially obstruct flood flows or increase velocities or otagec of the regional flood, and do not require otructurec, fill, storage of material° or otorage of equipment. The uses are subject to the conditions of the underlying zoning district, to the Standards For Floodwav Permitted Uses, Section 65 , 212 , and to the River Corridor Standards and Criteria. Section 65.400. (1) Nonstructural industrial and commercial uses, such as open-loading areas, parking areas, interior service roads, airport service roads and airport runways. (2) Public and private recreational uses such as golf courses, tennis courts , driving ranges, archery ranges, picnic and camp grounds , boat launching and beaching areas or ramps, swimming areas, parks, playgrounds , wildlife and nature preserves, game farms, fish hatcheries, and hiking, bicycling, horseback or recreational vehicle areas and trails , and other open space uses. (3) Accessory residential uses such as lawns, gardens, parking areas and play areas. (b) In addition, no permitted UGC within the Floodway District shall or any tributary to the main stream or of any ditch or other the state pollution control agency, arc provided. (c) Permitted uses are subject to applicable standards in Seetie.n Section 11 That Section 65.212 (Principal uses permitted subject to special conditions) of the Saint Paul Legislative Code is hereby repealed in its entirety and the following adopted in place thereof: Section 65.212 Standards For Floodway Permitted Uses Permitted uses in the Floodway District are subject to the following standards: (1) The use shall not significantly obstruct flood flows or significantly increase flood elevations and shall not involve structures, fill, obstruction, excavations, or storage of materials or equipment. (2) The use shall have a low flood damage potential. (3) The use shall not adversely affect the hydraulic capacity of the channel or floodway or any tributary to the main stream or of any ditch or other 5 ORIGINAL 9/- 6-3/ 2`735409 drainage facility or system. • (4) No use shall be permitted which is likely to cause pollution of waters, as defined in Minnesota Statutes, Section 115.01, unless adequate safeguards, approved by the state pollution control agency, are provided. Section 12 That Section 65.213 (Standards for floodway conditions uses) of the Saint Paul Legislative Code is hereby repealed in its entirety and the following adopted in place thereof: Section 65.213 Permitted Uses Subject To Special Conditions The following uses shall be permitted within the RC-1 Floodway District to the extent they are not prohibited by any other provision of the zoning code or other ordinances. The uses shall be permitted only upon the application and issuance of a conditional use permit by the planning commission. The uses are subject to the conditions of the underlying zoning district, to the Standards for Floodway Conditions Uses, Section 65.214, and to the River Corridor Standards and Criteria, Section 65.400. (1) Railroads, highways, streets, alleys, access roads, bridges, sewers, utilities, utility transmission lines, and pipe lines. (2) Marinas, boat rentals, docks, piers, mooring anchors, wharves, water control structures, and navigation facilities. (3) Storage yards or areas for equipment, machinery or bulk materials. (4) Structures accessory to permitted uses, Section 65.212, or conditional uses of this section. (5) Placement of fill. (6) Structural works for flood control such as levees, dikes, and floodwalls constructed to any height where the intent is to protect individual structures. Section 13 That Section 65.214 of the Saint Paul Legislative Code is hereby added to read as follows: Section 65.214 Standards For Floodway Conditional Uses. Conditional uses in the Floodway District are subject to the following J 6 rL+1 i' " ' x , ✓9j- 3 / • ��. � tip. 2735409 standards: (1) No structure, (temporary or permanent) , fill deposit, (including fill for roads and levees) , obstruction, storage of materials or equipment, or other use may be allowed which will cause an increase in the height of the regional flood or cause an increase in flood damages in the reach or reaches affected. (2) Fill shall be protected from erosion by vegetative cover, mulching, riprap, or other acceptable method. (3) Accessory structures shall not be designed for human habitation. (4) Accessory structures shall be constructed and placed on the building site so as to offer the minimum obstruction to the flow of flood waters. a. Whenever possible, structures shall be constructed with the longitudinal axis parallel to the direction of flood flow, and, b. So far as practicable, structures shall be placed approximately on the same flood flow lines as those of adjoining structures. (5) All 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 accessory structures shall be no lower than one (1) foot below the regulatory flood protection elevation and the fill shall extend at such elevation at least fifteen (15) feet beyond the outside limits of the structure erected thereon. (6) As an alternative to elevation on fill, accessory structures may be structurally dry flood proofed in accordance with the FP-1 or FP-2 flood proofing classification in the State Building Code or flood proofed to the FP-3 or FP-4 flood proofing classification in the State 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 proofed accessory structures must meet the following additional standards, as appropriate: a. The structure must be adequately anchored to prevent flotation, collapse or lateral movement of the structure and shall be designed to equalize hydrostatic flood forces on exterior walls; and b. Any mechanical and utility equipment in a structure must be elevated to or above the regulatory flood protection elevation or properly flood proofed. _ (7) Storage of materials or equipment may be allowed if readily remov- 7 ORGNA1 9/-53/ 2735409 able from the area within the time available after a flood warning and in accordance with a plan approved by the planning commission. (8) 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 Minnesota Statute, Chapter 105. Community- wide structural works for flood control intended to remove areas from the regulatory flood plain shall not be allowed in the floodway. (9) A levee, dike or floodwall constructed in the floodway shall not cause an increase to the regional flood and the technical analysis must assume equal conveyance or storage loss on both sides of a stream. (10) No use shall be permitted which is likely to cause pollution of waters, as defined in Minnesota Statutes, Section 115.01, unless adequate safeguards, approved by the state pollution control agency, are provided. Section 14 That Section 65.221, (Principal uses permitted) , of the Saint Paul Legislative Code is hereby repealed in its entirety and the following adopted in place thereof: Section 65.221 Principal Uses Permitted Permitted uses in the RC-2 Flood Fringe District shall be those uses of land or structures listed as permitted uses in the underlying zoning district, except that mining, extraction operations, the disposal of waste materials, and landfills, shall not be permitted. The uses are subject to the conditions of the underlying zoning district, to the Standards for Flood Fringe Permitted Uses, Section 65.222, to the Standards for All Flood Fringe Uses, Section 65.225, and River Corridor Standards and Criteria, Section 65.400. Section 15 • That Section 65.222, (Standards for flood fringe uses) , is hereby repealed in its entirety and the following adopted in place thereof: • Section 65.222 Standards For Flood Fringe Permitted Uses. Permitted uses in the Flood Fringe District are subject to the following standards: (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 (1) foot below the regulatory flood protection elevation and the fill shall extend at such elevation 8 • 2735409 at least fifteen (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 fee for the outside dimension at ground level may be internally flood proofed in accordance with Section 65.214(6) . (3) The cumulative placement of fill where at any one time in excess of one- thousand (1,000) cubic yards of fill is located on the parcel shall be allowable only as a Conditional Use, unless said fill is specifically intended to elevate a structure in accordance with subdivision (1) of this section. (4) The storage of any materials or equipment shall be elevated on fill to the regulatory flood protection elevation. Section 16 That Section 65.223, (Principal uses permitted subject to special conditions) , is hereby repealed in its entirety and the following adopted in place thereof: Section 65.223 Principal Uses Permitted Subject To Special Conditions. The following uses shall be permitted within the RC-2 Flood Fringe District to the extent they are not prohibited by any other provision of the zoning code or other ordinances, except that mining, extraction operations, the disposal of waste materials, and landfills shall not be permitted. The use shall be permitted only upon the application and issuance of a conditional use permit by the planning commission. The uses are subject to the conditions of the underlying zoning district, to the Standards for Flood Fringe Conditional Uses, Section 65.224, to the Standards for All Flood Fringe Uses, Section 65.225, and to the River Corridor Standards and Criteria Section 65.400. (1) Any structure that is not elevated on fill or flood proofed in accordance with Section 65.222 (1) or (2) . (2) Any use of land that does not comply with the standards in Section 65.222 (3) or (4) . (3) Sewage treatment plants. Section 17 That Section 65.224, (Standards for flood fringe conditional uses) , of the Saint Paul Legislative Code is hereby added to read as follows: 9 IQ yf - 6-3 / 2735409 Section 65.224 Standards For Flood Fringe Conditional Uses. Conditional uses in the Flood Fringe District are subject to the following conditions: (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, 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) is designed to internally flood and is constructed with flood resistant materials; and 3) 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: i. 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 flood waters 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 flood waters. ii. 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. (2) Basements, as defined by Section 60.202 B for this river corridor code, shall be subject to the following: a. Residential basement construction shall not be allowed below the 10 ' ` 1` . 9-/ -.5-3/ 2735409 regulatory flood protection elevation. b. Non-residential basements may be allowed below the regulatory flood protection elevation provided the basement is structurally dry and flood proofed in accordance with subdivision (3) of this section. (3) All areas of non-residential structures including basements to be placed below the regulatory flood protection elevation shall be structurally dry flood proofed in accordance with the FP-1 or FP-2 flood proofing classifications in the State Building Code. This shall require making the structure watertight with the walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. Structures flood 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 is located on a parcel for such activities as landscaping, roads, or construction of flood control works, an erosion/sedimentation control plan must be submitted. The plan must clearly specify methods to be used to stabilize the fill on site for a regional flood event. The plan must be prepared and certified by a registered professional engineer or other qualified individual acceptable to the planning commission. (5) Structures may be constructed below the 'regulatory flood protection elevation provided they are protected from 100-year floods by a dike, levee, or floodwall. (6) Storage of material and equipment shall be subject to the following: a. Storage of materials or equipment, including materials that are flammable, explosive, or potentially injurious to human, animal, or plant life, may be allowed if: (i) readily removable from the area within the time available after a flood warning system and in accordance with a plan approved by the planning commission; or • (ii) flood-proofed according to the state building code; or (iii) elevated above the regulatory flood protection elevation by alternative methods which meets the requirements of Section 65.224 (1) ; or (iv) protected by a dike, levee, or floodwall. b. Storage of bulk materials may be allowed provided an 11 1 ` •, • • 2'35409 erosion/sedimentation control plan is submitted which clearly specifies methods to be used to stabilize the materials on site for a regional flood event. The plan must be prepared and certified by a registered professional engineer or other qualified individual acceptable to the planning commission. (7) No new construction, addition or modification to existing sewage treatment plants shall be permitted within the floodplain unless emergency plans and procedures for action to be taken in the event of flooding are prepared, filed with and approved by the Minnesota Pollution Control Agency. The emergency plans and procedures must provide for measures to prevent introduction of any pollutant or toxic material into the floodwaters. Section 18 That Section 65.225 , (Standards for all flood fringe uses) , of the Saint Paul Legislative Code is hereby added to read as follows: Section 65.225 Standards For All Flood Fringe Uses. All uses in the Flood Fringe District are subject to the following standards: (1) All new principal structures must have vehicular access at or above an elevation not more than two (2) feet below the regulatory flood protection elevation. If a modifications to this requirement is granted, the planning commission 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 exists. (2) 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 such facilities to be used by the employees or the general public shall not be granted in the absence of a flood warning system that provides adequate time for evacuation if the area would be inundated to a depth greater than two (2) feet or be subject to flood velocities greater than four (4) feet per second upon occurrence of the regional flood. (3) Manufacturing and Industrial Uses. Measures shall be taken to minimize interference with normal plant operations. Certain accessory land uses such as yards and parking lots may be at lower elevation subject to requirements set out in subdivision (2) 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. (4) Fill shall be properly compacted and the slopes shall be properly protected by the use of riprap, vegetative cover or other acceptable method. The Federal Emergency Management Agency (FEMA) has established 12 :()) ORGNAL 9/ - / 2735409 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) Flood plain developments shall not adversely affect the hydraulic capacity of the channel and adjoining flood plain of any tributary watercourse or drainage system where a floodway or other encroachment limit has not been specified on the official zoning map. (6) Manufactured homes must meet all the density, setback, and other requirements for residential use of the zoning code and all requirements of the housing and building code. Travel trailers shall not be used for living quarters. (7) No use shall be permitted which is likely to cause pollution of waters, as defined in Minnesota Statutes, Section 115.01, unless adequate safeguards, approved by the state pollution control agency, are provided. Section 19 That Section 65.300, (Public Utilities, Railroads, Roads, and Bridges) , is hereby added to read as follows: Article III. 65.300 Public Utilities, Railroads, Roads, and Bridges Section 65.301 Public utilities, railroads, roads, and bridges. (1) Public Utilities. All public utilities and facilities such as gas, electrical, sewer, and water supply systems to be located in the flood plain shall be flood-proofed in accordance with. the State Building Code or elevated to above the regulatory flood protection elevation. (2) Public Transportation Facilities. Railroad tracks, roads, and bridges to be located within the flood plain shall comply with Sections 65.210 and 65.220 of this Ordinance. Elevation to the regulatory flood protection elevation- may be required by the planning commission where failure or interruption 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 interruption of transportation services would not endanger the public health or safety. (3) On-site Sewage Treatment and Water Supply 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 13 jirs • 2735409 systems; and 2) new or replacement on-site sewage treatment systems must be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters and they shall not be subject to impairment or contamination during times of flooding. Any sewage treatment system designed in accordance with the State's current statewide standards for on-site sewage treatment systems shall be determined to be in compliance with this Section. Section 20 That Section 65.411 (Protection of shorelands, wetlands and bluffs) subdivisions (b) (2) (placement of structures) and (c)(3) (grading and filling) are hereby repealed in their entirety. Section 21 That Section 65.413 (Protection of water quality) subdivision (c)(7) is hereby added to read as follows: (7) Plans shall be submitted to the planning commission for any development placed landward from dikes, floodwalls, or levees which is below the flood protection elevation of the dikes, floodwalls or levees. The plans must provide measures to ensure that floodwaters do not back up onto the development from storm water drainage systems. Section 22 That Section 65.506 (Subject to appeal) of the Saint Paul Legislative Code is hereby amended to read as follows: Section 65.506. Subject to appeal. All decisions by the planning commission or planning administrator granting or denying a conditional use permit shall be final subject to appeal to the city council ao outlined herein. in accordance with Section 64.206. Section 23 That Section 65.501 (Application) of the Saint Paul Legislative Code is hereby amended to read as follows: Section 65.501. Application. Conditional use permits shall be issued by the planning commission, except that the planning commission may delegate authority to issue conditional use permits to the planning administrator according to rules which the commission may prescribe. Such rules will be filed with the office of the city clerk. Applications shall be submitted to the planning administrator together with 14 i (DRIGNVL 49,/_53 i/ 2735409 application fee in the amount determined by the city council. Upon receipt of an application, the planning administrator shall determine whether to require any or all of the following four (4) six (6) items of information supplied by the applicant as a prerequisite to the consideration of the application: (1) Plans in triplicate drawn to scale prepared by and signed by a registered engineer, architect and/or land surveyor as applicable, showing the nature, location, dimensions and elevation of the land; existing surface contours, structures, streets and utilities; proposed surface contours, structures, fill and the location and elevations of proposed streets, water supply, sanitary facilities and other utilities showing the relationship of the above to the channel and to the designated River Corridor District limits. (2) Specifications for building construction and materials, flood-proofing, filling, dredging, grading, channel improvements, storage of materials. water supply, and sanitary facilities. (2) (3)Typical valley cross-sections of areas to be occupied by the proposed development showing the channel of the stream, elevation of land areas, high water information, vegetation and soil types. (3)(4)Plan (surface view) of the proposed development showing the proposed use or uses of the area and structures and providing location, relationships and spatial arrangements of those uses and related structures to pertinent elevations, fill, storage location, utilities and other features. -4}(5)Profile showing the slope of the bottom of the channel and flow lines of the stream. (6) A written evaluation by a registered engineer or other expert person or agency of the proposed project in relationship to flood heights and velocities , the seriousness of flood damage to the use, the adequacy of plans for flood protection, and other technical matters. Section 24 That Section 65.509 of the Saint Paul Legislative Code is hereby added to read as follows: Section 65.509 Notice of increased insurance costs. The planning administrator shall notify all applicants who propose to construct a structure, other than an accessory structure, below the regulatory flood protection elevation, as specified in Sections 65.224 (1) , (2) , or (3) that: 1) The issuance of a conditional use permit to construct a structure below 15 2'735409 the regulatory flood protection elevation 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 regulatory flood protection elevation increases risks to life and property. Such notification shall be maintained with a record of the conditional use. The planning administrator shall report such conditional uses issued in the biennial report submitted to the administrator of the National Flood Insurance Program. Section 25 That Section 65.600 (Appeal) of the Saint Paul Legislative Code is hereby repealed in its entirety. Section 26 That Section 65.650 (Modifications) of the Saint Paul Legislative Code is hereby amended to read as follows: Sec. 65.650. Modifications. (a) The planning commission is hereby authorized to fe.e.effneild zrant modifications to the provisions of this chapter where it appears that by reason of exceptional circumstances the strict enforcement of this chapter would cause undue hardship and strict conformity with the standards would be unreasonable, impractical and not feasible under the circumstances. The burden of proof shall rest with the applicant to demonstrate conclusively to the commission that such modification will not result in a hazard to life or property and will not adversely affect the safety, use or stability of a public way, slope or drainage channel, or the natural environment; such proof may include soils, geology and hydrology reports which shall be signed by registered professional engineers. Modifications granted by the planning commission shall be consistent with the general purposes of the standards contained in this chapter and state laws and the intent of applicable state and national lays and programs. Although modifications may be used to modify permissible methods of flood protection, no modification shall have the effect of allowing in any district uses prohibited in that district, permit a lower degree of flood protection than the flood protection • elevation for the particular area, or permit a lesser degree of flood • protection than required by state law. Appeals from the decision of the planning commission may be taken to the city council in accordance with Section 44-405 64.206. Applications for modification shall be filed together with the required fee with the planning administrator. (b) Notwithstanding any other provision of this river corridor code. modifications may be granted for the repair or rehabilitation of historic structures upon a determination that the repair or rehabilitation will not preclude the structure's continued designation as a historic structure, the modification is the minimum necessary to 16 QN 2735409. preserve the historic character and design of the structure and the repair or rehabilitation will not cause a significant increase in the height of the regional flood, { }(c)A copy of the application for a modification shall be submitted to the commissioner of natural resources sufficiently in advance so that the commissioner will receive at least ten (10) days' notice of the planning commission hearing. A copy of all decisions granting modifications shall be forwarded to the commissioner of natural resources within ten (10) days of such action. Section 27 That Section 65.700 (Amendments) is hereby amended to read as follows: Section 65.700 Amendments (a) All amendments shall be made in the manner set forth in Minnesota Statutes. Section 462. 357. The floodplain designations established by this chapter shall not be removed from floodplain areas unless it can be shown that the designation is in error or that the areas are filled to an elevation at or above the flood protection elevation and are contiguous to other lands lying outside the floodplain district. Special exceptions to this rule may be permitted by the commissioner of natural resources if he determines that, through other measure, lands are adequately protected for the intended use. - _ of natural reoourcco and the Foderal I suranoo Adm-inistration for (b) All amendments to this Ordinance, including amendments to the River Corridor Overlay Districts maps . must be submitted to and approved by. the Commissioner of Natural Resources prior to adoption. Changes to the RC-1 and RC-2 maps must meet the Federal Emergency Management Agency's (FEMA) Technical Conditions and Criteria and must receive prior FEMA approval before adoption. The Commissioner of Natural Resources must be given 10-days written notice of all hearings to consider an amendment to the Ordinance and said notice shall include a draft of the ordinance amendment or technical study under consideration. • Section 28 That Section 65.800 of the Saint Paul Legislative Code is hereby added to read as follows: Section 65.800 Administration (a) Record of Elevation of Lowest Floor and Flood Proofing. The zoning administrator shall maintain a record of the elevation of the lowest 17 • 2735409 floor (including basement) of all new structures, altered structures, or additions to existing structures in the flood plain. The zoning administrator shall also maintain a record of the elevation to which all new structures and alterations or additions to structures are flood proofed. (b) State and federal permits. Applicants for special condition use permits, modifications, and site plan review approval are responsible for obtaining all necessary state and federal permits. (c) Warning and Disclaimer of Liability. This ordinance does not imply that areas outside the flood plain districts or land uses permitted within such districts will be free from flooding or flood damages. This ordinance shall not create liability on the part of the City of Saint Paul or any officer or employee thereof for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made thereunder. (d) Severability. If any section, clause, provision, or portion of this ordinance is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this ordinance shall not be affected thereby. Section 29 That Section 65.900 of the Saint Paul Legislative Code is hereby added to read as follows: Section 65.900 Floodplain non-conforming structures. Non-conforming use of structures and land and non-conforming structures shall be subject to the provisions of Section 62.102 and to the following regulations: (1) A structure 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: (a) No structure shall be expanded, changed, enlarged, or altered in a way which increases its nonconformity. (b) Any alteration or addition to a nonconforming structure which would result in increasing the flood damage potential of that structure or use shall be protected to the regulatory flood protection elevation in accordance with any of the elevation on fill or flood proofing techniques (i.e. , FP-1 through FP-4, flood proofing classifications) allowable in the State Building Code, except as further restricted in (c) below. (c) The cost of any structural alterations or additions to any 18 -- 1 10471 4' {{{jp'1 9/_s-,3 / 2735409 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 January 28, 1982, 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 Section 65.210 or 65.220 of this Ordinance for new structures depending upon whether the structure is in the Floodway or Flood Fringe, respectively. (d) When the use of a nonconforming structure is discontinued or ceases to exist for three hundred sixty-five (365) days, the nonconforming structure shall not thereafter be reused until the nonconforming structure is made conforming to the flood protection measures of this ordinance, unless the planning commission, pursuant to a public hearing, finds that the nonconforming structure cannot reasonably or economically be made into a conforming structure and that reuse of the nonconforming structure is consistent with the public health, safety, morals, and general welfare of the community and is consistent with the reasonable use and enjoyment of adjacent property. (e) If any nonconforming 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 Ordinance. The applicable provisions for establishing new structures in Sections 65.210 or 65.220 will apply depending upon whether the structure is in the Floodway or Flood Fringe, respectively. Section 30 That Section 65.950 of the Saint Paul Legislative Code is hereby added to read as follows: Section 65.950. Areas Protected by Dikes, Levees, and Floodwalls Areas which the Federal Emergency Management Agency has removed from the floodplain through a revision to the Flood Insurance Rate Map or a Letter of Map Revision because the areas are protected by a dike, levee, or floodwall shall be exempt from the flood protection regulations of this code. Section 31 That Section 62.102 (Nonconforming lots, nonconforming uses of land, non- -- 19 •44601\41,#� 9 i-s3 2735409 • conforming structures and nonconforming uses of structures and premises) subdivision (d) (2)Nonconforming structure with conforming use) is hereby amended to read as follows: (2) Should such structure be destroyed by any means to an extent of more than sixty (60) percent of its replacement cost, exclusive of the foundation, at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this code. In the case of the River COrridor, if any such structure is destroyed by any mcano to an extent o-f more than fifty (50) percent of its market value at the time of destruction, it shall. the code. Section 32 That Section 62.102 (Non-conforming lots, nonconforming use of land, nonconforming uses of structures and premises) subdivision (h) (Major alterations) is hereby repealed in its entirety. Section 33 That Section 64.205 (Divisions by the Board of Zoning Appeals) paragraph (e) is hereby added to read as follows: (e) A copy of administrative appeals concerning the River Corridor Districts shall be submitted to the commissioner of natural resources sufficiently in advance so that the commissioner will receive at least ten (10) days notice of the board's hearing. A copy of all decisions granting administrative appeals shall be forwarded to the commissioner of natural resources within ten (10) days of such action. Section 34 That Section 64.101 (Duties of Zoning Administrator) paragraph (e) of the Saint Paul Legislative Code is hereby repealed in its entirety. Section 35 That Section 67 .504 (Drainage and storm sewers) subdivision (f) Areas of poor drainage of the Saint Paul Legislative Code be amended so as to add the following new clause (5) thereto: 20 2:4:4) 7 • 2735409 (5) For all subdivisions in the RC-1 Floodway District and RC-2 Flood Fringe District: (a) The subdivision and the individual lots shall have road access no lower than two (2) feet below the regulation flood protection elevation. (b) The floodway and flood fringe district boundaries, the regulatory flood protection elevation and the required elevation of all access roads shall be clearly labeled on all required subdivision drawings and documents. (c) The Federal Emergency Management Agency (FEMA) has established criteria for removing the special flood hazard area for certain structures properly elevated on fill above the 100-year flood elevations. 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. Section 36 That Section 65.233 (Standards for urban open uses) is hereby amended by adding new subdivision (d) to read as follows: Section 65.233. Standards for urban open uses. (a) Development shall be limited to forty (40) feet in height. (b) The development of new and expansion of existing commercial and industrial uses shall only be on lands which are on the landward side of blufflines. (c) Mining and extraction operations shall not be permitted. (d) No use shall be permitted which is likely to cause pollution of water, as defined in Minnesota Statutes. Section 115.01. unless adequate safeguards , approved by the state pollution control agency, are provided. Section 37 That Section 65.243 is re-numbered to 65.244 and a new Section 65.243 is added to read as follows: Section 65.243. Standards for urban diversified uses. No use shall be permitted which is likely to cause pollution of waters, as defined in Minnesota Statutes, Section 115.01, unless adequate safeguards, 21 •, 2735409 approved by the state pollution control agency, are provided. Section 38 That the River Corridor Overlay Zoning District maps, as incorporated by reference in Section 65.102 of the Saint Paul Legislative Code, are hereby amended as follows: (1) the lands along Kellogg Boulevard east of Wall Street are rezoned from RC-2 to RC-4 as shown on Maps 11 and 12; (2) the berm north of the Waste Treatment Plant is rezoned from RC-4 to RC-2 and all of the Waste Treatment Plant which is surrounded by the protective levee is rezoned to from RC-2 to RC-4, as shown on Maps 12, 15, 16, and 18; and (3) the half-moon shaped portion of the Island Station property is rezoned from RC-4 to RC-2, as shown on Map 7. The amended maps accompany and are a part of this ordinance. Section 39 This ordinance shall take effect and be in force thirty (30) days from and after its passage, approval, and publication. Yeas _ Absent Grimm / Guerin / Long / Requested by Department of: Maccabee Rettman Thune ------ Pla ing and Economic Development Wilson — 4 v' .- By: Adopted by Council: Date MAY II ? p ■3 Form Appr•A ed by City Attorney Adoption 14/ed by C- Sec etary By: _ , • ZZ-ii, By: _ __ Apprgqved by ayc /r ,.ubmission to g‘... Council Approveda 2la or: D. .- 5 1 By: 4�r / 1 / B 22 MKS MAY 15 '93 C3`\---4-?) STATEMENT OF CHARGES 3 "/3-7' St. Pool, Minn., .. 19_ ,� C.L4 jcz/L,Ik' NU IiSEP INSTRUMENT FEES ,S-CD 2806044 RAMSEY COUNTY RECORDER By CR 1216 STATEMENT OF CHARGES �3_�/ St. Paul, Minn., 19_ NU'MDER INSTRUMENT FEES 2806043 RAMEY ODUNTY RECORDER By CR 1216 rt w 0 0 U W IZe V >-I— Z O '( U U I W N ts CC m O C O •r 41 o Q •r L N k Nk a E h i 1 C � Q r114 -J A C d J cn O ce N L a E w >- a) in Ups Z U U O rn a) >- >- Z Vie -I-.) C UUM __ - L,) d ' -_----. / CITY CLERK'S OFFICE 97 Molly O'Rourke,City Clerk SAINT CiTY OF SAINT PAUL 170 City Hall Tel: 612-266-8694 PAUL James Scheibel, Mayor 15 W.Kellogg Boulevard Fay 612-266-8689 Saint Pau4 Minnesota 55102 AMA row July 22, 1993 Ms. Molly Shodeen Area Hydrologist Minnesota Dept. of Natural Resources Metro Water 1200 Warner Road St. Paul, MN 55106 Dear Ms. Shodeen: At the request of Roger Ryan of the Planning & Economic Development Department, I am enclosing the packet we received from him plus the information he requested that we supply on items Nos. I, 5 and 7. If you have any questions about our part of the packet, please call our office at 266-8694. Very truly yours, Trudy M. Hoelzel LI City Clerk's Office r 9i-� 1 Appendix 4E ORDINANCE CERTIFICATION CHECKLIST You are obligated under statute to comply with the procedural requirements listed on this form. This will insure the ordinance is legally valid and enfortable. Please sign and return the checklist and all required documents to the DOW area hydrologist's office within 90 days of adopting the ordinance. TUAJG- Si, /99/ '- 1. A-Pi 1. -14, /993 Date of published hearing notice. 2. ) L/ui \ZAA.Si lye Ili , Date of postmark of hearing notice to Commissioner of the Department of Natural Resources/area hydrologist. 3. Jul, I I1 I91. I Date of hearing(s). j� 9 3 4. A ci.A,i b 1 ( ? 3 Date of ordinance adoption. 5. /J/4Y 14 J992 If ordinance is published in entirety, date and affidavit of newspaper publication of adopted ordinance. 6. /( A, If only ordinance summary published, date and affidavit of newspaper publication of ordinance title and summary along with certified copy of adopted ordinance in its entirety from Clerk/Auditor. 7. 7— 14- 93 Date of official filing of adopted Poe,# .2735 54a9 ordinance with County Recorder ( record book number page number). • 8. Y E.S Board of Adjustment/Appeals has been established. *Note: Cities under charter must also submit a list of any additional requirements for hearings, notices etc. stated in their charter. Please specify: You must submit this completed checklist along with submission of the aforementioned c rtified documents. Zatzee.o_ 124oal — Goo 6-&«y o,.� Signature of Clerk/Auditor 4E-1 itbk 7- �� Council File ri"- 5-Z> Ordinance 0 Green Sheet 0 ORDINANCE �� __ C-1TrY OF�SAINT PAUL, MINNESOTA Presented By t k Referred To '\ 2 Committee: Date ZONING CODE AMENDMENTS An ordinance amending Chapters 60, 62, 64, 65, and 67 of the Saint Paul Legislative Code pertaining to the Zoning Code regarding the River Corridor. The council of the city of Saint Paul does ordain: Section 1 That Section 60.202 B of the Saint Paul Legislative Code be amended so as to add the following new definition thereto: Basement (River Corridor District only) . Any area of a structure having its floor subgrade (below ground level) on all four sides. . Section 2 That Section 60.206 F of the Saint Paul Legislative Code be amended so as to add the following new definition thereto: 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. Section 3 That Section 60.208 H of the Saint Paul Legislative Code be amended so as to add the following: Historic Structure (River Corridor District only) . Any structure that is: (a) Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; (b) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance 1 of a registered historic district or a district prelimin- arily determined by the Secretary to qualify as a • registered historic district; or (c) Designated by the City as a heritage preservation site. Section 4 That Section 60.215 0 of the Saint Paul Legislative Code be amended so a to add the following new definition thereto: Obstruction (River Corridor District only) . Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel modification, culvert, building, wire, fence, stockpile, refuse, fill, structure, or matter in, along, across, or projecting into any channel, watercourse, or regulatory flood plain which may impede, retard, or change the direction of the flow of water, either by itself or by catching or collecting debris carried by such water. Section 5 That Section 60.218 R of the Saint Paul Legislative Code be amended so as to add the following definition thereto: 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. Section 6 That Section 65.101 (Intent) of the Saint Paul Legislative Code is hereby amended to read as follows: Sec. 65.101. Intent and Purpose: The River Corridor District and its subclassifications. RC-1, RC-2, RC-3 and RC-4 are map overlay districts, designed to provide comprehensive floodplain and river bluff management for the City of Saint Paul in accordance with the policies of Minnesota Statutes (Chapters 104 and 116G) , Minnesota Regulations (MEQC 54) and Governor's Executive Order No. 79-19. It is the purpose of this chapter: 1— To protect and preserve the Mississippi River Corridor as a unique and valuable resource for the benefit of the health. safety, and welfare of the citizens of the city and the state; 2. To prevent and mitigate irreversible damage to the qlIl 2 110 Mississippi River Corridor: 3. To protect and preserve the Mississippi River Corridor as an essential element in the federal, state, regional and local recreation, transportation. sewer and water systems: 4 To maintain the River Corridor's value and utility for residential, commercial, industrial and_public purposes: 5. To protect and preserve the Saint Paul Mississippi River Corridor's biological and ecological functions: 6. To preserve and enhance the Saint Paul Mississippi River Corridor's aesthetic, cultural, scientific and historic functions: 7. To guide development of the floodplain so as to minimize loss of life, threats to health, and private and public economic loss caused by flooding: and 8. To guide floodplain development in order to lessen the adverse affects of floods, but not to reduce or eliminate flooding. Section 7 That Section 65.102 (Establishment) Subdivision (a) of the Saint Paul Legislative Code is hereby repealed in its entirety and the following adopted in place thereof: (a) This ordinance shall apply to all lands within the city of Saint Paul shown on the river corridor overlay zoning district maps as being located within the boundaries of the RC-1 River Corridor Floodway District, RC-2 River Corridor Flood Fringe District, RC-3 River Corridor Urban Open Space District, and RC-4 River Corridor Urban Diversified District. Section 8 That Section 65.102 (Establishment) of the Saint Paul Legislative Code be amended so as to add the following new subdivision (b) thereto, to renumber present Subdivision (b) to be Subdivision (c) , and to amend new Subdivision (c) to read as follows: (b) The twenty-one (21) River Corridor Overlay Zoning Districts Maps, dated July 6, 1987, together with all matters attached thereto, are hereby adopted by reference and made a part of this code as if the matters and information set forth therein were fully described herein. The attached material shall include: (1) the Flood Insurance Study for the city of • Saint Paul prepared by the Federal Insurance Administration dated August 3, 1989; (2) the Flood Insurance Rate Map, dated August 3, 1989 and 3 July 2, 1991; and (3) four (4) maps entitled River Corridor Floodway • District, dated July 6, 1987. (c)(b)Within these districts all uses not allowed as permitted uses or as permitted uses subject to special conditions shall be and are hereby prohibited. Legal nonconforming structures or uses existing on the effective date of this chapter or amendment thereto will be permitted to continue as provided in Section 62.102 and section 65.900. Section 9 That Section 65.103 (Compliance) subdivisions (c) and (d) are hereby repealed in their entirety and the following new subdivisions (c) , (d) , and (e) are adopted in place thereof: (c) A site plan shall be submitted to and approved by the planning commission in accordance with Section 62.108 before a permit is issued for any development on property wholly or partially located within the River Corridor District. For any development in the RC-1 and RC-2 districts, the site plan shall include the regulatory flood protection elevation; the proposed elevation of fill; the proposed elevation of the lowest floor of new structures, altered structures, and additions to existing structures; and the proposed elevation to which structures will be floodproofed. (d) All building permits for structures proposed to be floodproofed in the RC-1 and RC-2 districts shall be reviewed to determine whether the structures will be adequately floodproofed. (e) Certification. Before a certificate of occupancy is issued for any development in the RC-1 and RC-2 districts, the applicant shall submit to the zoning administrator certification by a registered professional engineer, registered architect, registered landscape architect, or registered land surveyor that the finished fill and building elevations were accomplished in compliance with the provisions of this ordinance. Finished fill and building elevations shall be verified by ground surveys. Flood-proofing measures shall be certified by a registered professional engineer or registered architect. Section 10 That Section 65.211 of the Saint Paul Legislative Code is hereby amended to read as follows: Sec. 65.211. Principal uses permitted. The following uses shall be permitted within the RC-1 Floodway District to the extent that they are not prohibited by any other provision of the zoning code • or other ordinances_ and provided that they have a low flood damage 4 - - , stages of the regional flood, and do not require structures, fill, storage of materials or storage of equipment. The uses are subject to the conditions of the underlying zoning district, to the Standards For Floodway Permitted Uses, Section 65.212. and to the River Corridor Standards and Criteria. Section 65.400. (1) Nonstructural industrial and commercial uses, such as open-loading areas, parking areas, interior service roads, airport service roads and airport runways. (2) Public and private recreational uses such as golf courses, tennis courts, driving ranges, archery ranges, picnic and camp grounds, boat launching and beaching areas or ramps, swimming areas, parks, playgrounds, wildlife and nature preserves, game farms, fish hatcheries, and hiking, bicycling, horseback or recreational vehicle areas and trails, and other open space uses. (3) Accessory residential uses such as lawns, gardens, parking areas and play areas. (b) In addition, no permitted use within the Floodway District shall adversely affect the hydraulic capacity of the channel or floodway or any tributary to the main stream or of any ditch or other drainage facility or system, and no use shall be permitted which 4111 is likely to cause pollution of waters, as defined in Minnesota Statutes, Section 115.01, unless adequate safeguards, approved by the state pollution control agency, arc provided. (c) Permitted u,cs arc subject to applicable standard, in Section 65.400 ct.seq. Section 11 That Section 65.212 (Principal uses permitted subject to special conditions) of the Saint Paul Legislative Code is hereby repealed in its entirety and the following adopted in place thereof: Section 65.212 Standards For Floodway Permitted Uses Permitted uses in the Floodway District are subject to the following standards: (1) The use shall not significantly obstruct flood flows or significantly increase flood elevations and shall not involve structures, fill, obstruction, excavations, or storage of materials or equipment. (2) The use shall have a low flood damage potential. • (3) The use shall not adversely affect the hydraulic capacity of the channel or floodway or any tributary to the main stream or of any ditch or other 5 drainage facility or system. (4) No use shall be permitted which is likely to cause pollution of waters, as defined in Minnesota Statutes, Section 115.01, unless adequate safeguards, approved by the state pollution control agency, are provided. Section 12 That Section 65.213 (Standards for floodway conditions uses) of the Saint Paul Legislative Code is hereby repealed in its entirety and the following adopted in place thereof: Section 65.213 Permitted Uses Subject To Special Conditions The following uses shall be permitted within the RC-1 Floodway District to the extent they are not prohibited by any other provision of the zoning code or other ordinances. The uses shall be permitted only upon the application and issuance of a conditional use permit by the planning commission. The uses are subject to the conditions of the underlying zoning district, to the Standards for Floodway Conditions Uses, Section 65.214, and to the River Corridor Standards and Criteria, Section 65.400. (1) Railroads, highways, streets, alleys, access roads, bridges, sewers, utilities, utility transmission lines, and pipe lines. (2) Marinas, boat rentals, docks, piers, mooring anchors, wharves, water control structures, and navigation facilities. (3) Storage yards or areas for equipment, machinery or bulk materials. (4) Structures accessory to permitted uses, Section 65.212, or conditional uses of this section. (5) Placement of fill. (6) Structural works for flood control such as levees, dikes, and floodwalls constructed to any height where the intent is to protect individual structures. Section 13 That Section 65.214 of the Saint Paul Legislative Code is hereby added to read as follows: Section 65.214 Standards For Floodway Conditional Uses. Conditional uses in the Floodway District are subject to the following • 6 standards: (1) No structure, (temporary or permanent) , fill deposit, (including fill for roads and levees) , obstruction, storage of materials or equipment, or other use may be allowed which will cause an increase in the height of the regional flood or cause an increase in flood damages in the reach or reaches affected. (2) Fill shall be protected from erosion by vegetative cover, mulching, riprap, or other acceptable method. (3) Accessory structures shall not be designed for human habitation. (4) Accessory structures shall be constructed and placed on the building site so as to offer the minimum obstruction to the flow of flood waters. a. Whenever possible, structures shall be constructed with the longitudinal axis parallel to the direction of flood flow, and, b. So far as practicable, structures shall be placed approximately on the same flood flow lines as those of adjoining structures. (5) All 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 accessory structures shall be no lower than one (1) foot below the regulatory flood protection elevation and the fill shall extend at such elevation at least fifteen (15) feet beyond the outside limits of the structure erected thereon. (6) As an alternative to elevation on fill, accessory structures may be structurally dry flood proofed in accordance with the FP-1 or FP-2 flood proofing classification in the State Building Code or flood proofed to the FP-3 or FP-4 flood proofing classification in the State 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 proofed accessory structures must meet the following additional standards, as appropriate: a. The structure must be adequately anchored to prevent flotation, collapse or lateral movement of the structure and shall be designed to equalize hydrostatic flood forces on exterior walls; and b. Any mechanical and utility equipment in a structure must be elevated to or above the regulatory flood protection elevation or properly flood proofed. (7) Storage of materials or equipment may be allowed if readily remov- 7 • able from the area within the time available after a flood warning • and in accordance with a plan approved by the planning commission. (8) 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 Minnesota Statute, Chapter 105. Community- wide structural works for flood control intended to remove areas from the regulatory flood plain shall not be allowed in the floodway. (9) A levee, dike or floodwall constructed in the floodway shall not cause an increase to the regional flood and the technical analysis must assume equal conveyance or storage loss on both sides of a stream. (10) No use shall be permitted which is likely to cause pollution of waters, as defined in Minnesota Statutes, Section 115.01, unless adequate safeguards, approved by the state pollution control agency, are provided. Section 14 That Section 65.221, (Principal uses permitted) , of the Saint Paul Legislative Code is hereby repealed in its entirety and the following adopted in place thereof: Section 65.221 Principal Uses Permitted Permitted uses in the RC-2 Flood Fringe District shall be those uses of land or structures listed as permitted uses in the underlying zoning district, except that mining, extraction operations, the disposal of waste materials, and landfills, shall not be permitted. The uses are subject to the conditions of the underlying zoning district, to the Standards for Flood Fringe Permitted Uses, Section 65.222, to the Standards for All Flood Fringe Uses, Section 65.225, and River Corridor Standards and Criteria, Section 65.400. Section 15 That Section 65.222, (Standards for flood fringe uses) , is hereby repealed in its entirety and the following adopted in place thereof: Section 65.222 Standards For Flood Fringe Permitted Uses. Permitted uses in the Flood Fringe District are subject to the following standards: (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 (1) foot below the regulatory • flood protection elevation and the fill shall extend at such elevation 8 (//-.c3/ • S at least fifteen (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 fee for the outside dimension at ground level may be internally flood proofed in accordance with Section 65.214(6) . (3) The cumulative placement of fill where at any one time in excess of one- thousand (1,000) cubic yards of fill is located on the parcel shall be allowable only as a Conditional Use, unless said fill is specifically intended to elevate a structure in accordance with subdivision (1) of this section. (4) The storage of any materials or equipment shall be elevated on fill to the regulatory flood protection elevation. Section 16 That Section 65.223, (Principal uses permitted subject to special conditions) , is hereby repealed in its entirety and the following adopted in place thereof: • Section 65.223 Principal Uses Permitted Subject To Special Conditions. The following uses shall be permitted within the RC-2 Flood Fringe District to the extent they are not prohibited by any other provision of the zoning code or other ordinances, except that mining, extraction operations, the disposal of waste materials, and landfills shall not be permitted. The use shall be permitted only upon the application and issuance of a conditional use permit by the planning commission. The uses are subject to the conditions of the underlying zoning district, to the Standards for Flood Fringe Conditional Uses, Section 65.224, to the Standards for All Flood Fringe Uses, Section 65.225, and to the River Corridor Standards and Criteria Section 65.400. (1) Any structure that is not elevated on fill or flood proofed in accordance with Section 65.222 (1) or (2) . (2) Any use of land that does not comply with the standards in Section 65.222 (3) or (4) . (3) Sewage treatment plants. Section 17 That Section 65.224, (Standards for flood fringe conditional uses) , of the • Saint Paul Legislative Code is hereby added to read as follows: 9 • Section 65.224 Standards For Flood Fringe Conditional Uses. • Conditional uses in the Flood Fringe District are subject to the following conditions: (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, 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) is designed to internally flood and is constructed with flood resistant materials; and 3) 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: i. 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 flood waters 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 flood waters. ii. 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. (2) Basements, as defined by Section 60.202 B for this river corridor code, shall be subject to the following: a. Residential basement construction shall not be allowed below the • 10 4110 regulatory flood protection elevation. b. Non-residential basements may be allowed below the regulatory flood protection elevation provided the basement is structurally dry and flood proofed in accordance with subdivision (3) of this section. (3) All areas of non-residential structures including basements to be placed below the regulatory flood protection elevation shall be structurally dry flood proofed in accordance with the FP-1 or FP-2 flood proofing classifications in the State Building Code. This shall require making the structure watertight with the walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. Structures flood 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 is located on a parcel for such activities as landscaping, roads, or construction of flood control works, an erosion/sedimentation control plan must be submitted. The plan must clearly specify methods to be used to stabilize the fill on site for a regional flood event. The plan must be prepared and certified by a registered professional engineer or other • qualified individual acceptable to the planning commission. (5) Structures may be constructed below the regulatory flood protection elevation provided they are protected from 100-year floods by a dike, levee, or floodwall. (6) Storage of material and equipment shall be subject to the following: a. Storage of materials or equipment, including materials that are flammable, explosive, or potentially injurious to human, animal, or plant life, may be allowed if: (i) readily removable from the area within the time available after a flood warning system and in accordance with a plan approved by the planning commission; or (ii) flood-proofed according to the state building code; or (iii) elevated above the regulatory flood protection elevation by alternative methods which meets the requirements of Section 65.224 (1) ; or (iv) protected by a dike, levee, or floodwall. . b. Storage of bulk materials may be allowed provided an 11 erosion/sedimentation control plan is submitted which clearly 1111 specifies methods to be used to stabilize the materials on site for a regional flood event. The plan must be prepared and certified by a registered professional engineer or other qualified individual acceptable to the planning commission. (7) No new construction, addition or modification to existing sewage treatment plants shall be permitted within the floodplain unless emergency plans and procedures for action to be taken in the event of flooding are prepared, filed with and approved by the Minnesota Pollution Control Agency. The emergency plans and procedures must provide for measures to prevent introduction of any pollutant or toxic material into the floodwaters. Section 18 That Section 65.225, (Standards for all flood fringe uses) , of the Saint Paul Legislative Code is hereby added to read as follows: Section 65.225 Standards For All Flood Fringe Uses. All uses in the Flood Fringe District are subject to the following standards: (1) All new principal structures must have vehicular access at or above an elevation not more than two (2) feet below the regulatory flood protection elevation. If a modifications to this requirement is granted, the planning commission 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 exists. (2) 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 such facilities to be used by the employees or the general public shall not be granted in the absence of a flood warning system that provides adequate time for evacuation if the area would be inundated to a depth greater than two (2) feet or be subject to flood velocities greater than four (4) feet per second upon occurrence of the regional flood. (3) Manufacturing and Industrial Uses. Measures shall be taken to minimize interference with normal plant operations. Certain accessory land uses such as yards and parking lots may be at lower elevation subject to requirements set out in subdivision (2) 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. (4) Fill shall be properly compacted and the slopes shall be properly protected by the use of riprap, vegetative cover or other acceptable method. The Federal Emergency Management Agency (FEMA) has established 12 • 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) Flood plain developments shall not adversely affect the hydraulic capacity of the channel and adjoining flood plain of any tributary watercourse or drainage system where a floodway or other encroachment limit has not been specified on the official zoning map. (6) Manufactured homes must meet all the density, setback, and other requirements for residential use of the zoning code and all requirements of the housing and building code. Travel trailers shall not be used for living quarters. (7) No use shall be permitted which is likely to cause pollution of waters, as defined in Minnesota Statutes, Section 115.01, unless adequate safeguards, approved by the state pollution control agency, are provided. Section 19 • That Section 65.300, (Public Utilities, Railroads, Roads, and Bridges) , is hereby added to read as follows: Article III. 65.300 Public Utilities, Railroads, Roads, and Bridges Section 65.301 Public utilities, railroads, roads, and bridges. (1) Public Utilities. All public utilities and facilities such as gas, electrical, sewer, and water supply systems to be located in the flood plain shall be flood-proofed in accordance with the State Building Code or elevated to above the regulatory flood protection elevation. (2) Public Transportation Facilities. Railroad tracks, roads, and bridges to be located within the flood plain shall comply with Sections 65.210 and 65.220 of this Ordinance. Elevation to the regulatory flood • protection elevation may be required by the planning commission where failure or interruption 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 interruption of transportation services would not endanger the public health or safety. (3) On-site Sewage Treatment and Water Supply 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 13 systems; and 2) new or replacement on-site sewage treatment systems must • be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters and they shall not be subject to impairment or contamination during times of flooding. Any sewage treatment system designed in accordance with the State's current statewide standards for on-site sewage treatment systems shall be determined to be in compliance with this Section. Section 20 That Section 65.411 (Protection of shorelands, wetlands and bluffs) subdivisions (b)(2) (placement of structures) and (c)(3) (grading and filling) are hereby repealed in their entirety. Section 21 That Section 65.413 (Protection of water quality) subdivision (c)(7) is hereby added to read as follows: (7) Plans shall be submitted to the planning commission for any development placed landward from dikes, floodwalls, or levees which is below the flood protection elevation of the dikes, floodwalls or levees. The plans must provide measures to ensure that floodwaters do not back up onto the development from storm water drainage systems. • Section 22 That Section 65.506 (Subject to appeal) of the Saint Paul Legislative Code is hereby amended to read as follows: Section 65.506. Subject to appeal. All decisions by the planning commission or planning administrator granting or denying a conditional use permit shall be final subject to appeal to the city council na outlined hcrcin. in accordance with Section 64.206. Section 23 That Section 65.501 (Application) of the Saint Paul Legislative Code is hereby amended to read as follows: Section 65.501. Application. Conditional use permits shall be issued by the planning commission, except that the planning commission may delegate authority to issue conditional use permits to the planning administrator according to rules which the commission may prescribe. Such rules will be filed with the office of the city clerk. Applications shall be submitted to the planning administrator together with 14 • application fee in the amount determined by the city council. Upon receipt of an application, the planning administrator shall determine whether to require any or all of the following four (4) six (6) items of information supplied by the applicant as a prerequisite to the consideration of the application: (1) Plans in triplicate drawn to scale prepared by and signed by a registered engineer, architect and/or land surveyor as applicable, showing the nature, location, dimensions and elevation of the land; existing surface contours, structures, streets and utilities; proposed surface contours, structures, fill and the location and elevations of proposed streets, water supply, sanitary facilities and other utilities showing the relationship of the above to the channel and to the designated River Corridor District limits. (2) Specifications for building construction and materials, flood-proofing, filling, dredging. grading. channel improvements, storage of materials. water supply, and sanitary facilities. (2) (3)Typical valley cross-sections of areas to be occupied by the proposed development showing the channel of the stream, elevation of land areas, high water information, vegetation and soil types. (3)(4)Plan (surface view) of the proposed development showing the proposed use • or uses of the area and structures and providing location, relationships and spatial arrangements of those uses and related structures to pertinent elevations, fill, storage location, utilities and other features. 444-(5)Profile showing the slope of the bottom of the channel and flow lines of the stream. (6) A written evaluation by a registered engineer or other expert person or agency of the proposed project in relationship to flood heights and velocities, the seriousness of flood damage to the use, the adequacy of plans for flood protection, and other technical matters. Section 24 That Section 65.509 of the Saint Paul Legislative Code is hereby added to read as follows: Section 65.509 Notice of increased insurance costs. The planning administrator shall notify all applicants who propose to construct a structure, other than an accessory structure, below the regulatory flood protection elevation, as specified in Sections 65.224 (1) , (2) , or (3) that: • 1) The issuance of a conditional use permit to construct a structure below 15 the regulatory flood protection elevation 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 regulatory flood protection elevation increases risks to life and property. Such notification shall be maintained with a record of the conditional use. The planning administrator shall report such conditional uses issued in the biennial report submitted to the administrator of the National Flood Insurance Program. Section 25 That Section 65.600 (Appeal) of the Saint Paul Legislative Code is hereby repealed in its entirety. Section 26 That Section 65.650 (Modifications) of the Saint Paul Legislative Code is hereby amended to read as follows: Sec. 65.650. Modifications. (a) The planning commission is hereby authorized to eeettimend grant modifications to the provisions of this chapter where it appears that by reason of exceptional circumstances the strict enforcement of this • chapter would cause undue hardship and strict conformity with the standards would be unreasonable, impractical and not feasible under the circumstances. The burden of proof shall rest with the applicant to demonstrate conclusively to the commission that such modification will not result in a hazard to life or property and will not adversely affect the safety, use or stability of a public way, slope or drainage channel, or the natural environment; such proof may include soils, geology and hydrology reports which shall be signed by registered professional engineers. Modifications granted by the planning commission shall be consistent with the general purposes of the standards contained in this chapter and state laws and the intent of applicable state and national lays and programs. Although modifications may be used to modify permissible methods of flood protection, no modification shall have the effect of allowing in any district uses prohibited in that district, permit a lower degree of flood protection than the flood protection • elevation for the particular area, or permit a lesser degree of flood protection than required by state law. Appeals from the decision of the planning commission may be taken to the city council in accordance with Section 44:4445. 64.206. Applications for modification shall be filed together with the required fee with the planning administrator. (b) Notwithstanding any other provision of this river corridor code. modifications may be granted for the repair or rehabilitation of historic structures upon a determination that the repair or rehabilitation will not preclude the structure's continued designation • as a historic structure, the modification is the minimum necessary to 16 • preserve the historic character and design of the structure and the repair or rehabilitation will not cause a significant increase in the height of the regional flood. 414(c)A copy of the application for a modification shall be submitted to the commissioner of natural resources sufficiently in advance so that the commissioner will receive at least ten (10) days' notice of the planning commission hearing. A copy of all decisions granting modifications shall be forwarded to the commissioner of natural resources within ten (10) days of such action. Section 27 That Section 65.700 (Amendments) is hereby amended to read as follows: Section 65.700 Amendments (a) All amendments shall be made in the manner set forth in Minnesota Statutes, Section 462.357. The floodplain designations established by this chapter shall not be removed from floodplain areas unless it can be shown that the designation is in error or that the areas are filled to an elevation at or above the flood protection elevation and are contiguous to other lands lying outside the floodplain district. Special exceptions to this rule may be permitted by the commissioner of natural resources if he determines that, through other measure, lands are adequately protected for the intended use. All amendments shall be made in the manner act forth in Minnesota - - of natural resources and the Federal $nce AdminIstrat on for their approval prior to adoption by the city council. (b) All amendments to this Ordinance, including amendments to the River, Corridor Overlay Districts maps, must be submitted to and approved by the Commissioner of Natural Resources prior to adoption. Changes to the RC-1 and RC-2 maps must meet the Federal Emergency Management Agency's (FEMA) Technical Conditions and Criteria and must receive prior FEMA approval before adoption. The Commissioner of Natural Resources must be given 10-days written notice of all hearings to consider an amendment to the Ordinance and said notice shall include a draft of the ordinance amendment or technical study under consideration. • Section 28 That Section 65.800 of the Saint Paul Legislative Code is hereby added to read as follows: Section 65.800 Administration • (a) Record of Elevation of Lowest Floor and Flood Proofing. The zoning administrator shall maintain a record of the elevation of the lowest 17 floor (including basement) of all new structures, altered structures, or additions to existing structures in the flood plain. The zoning • administrator shall also maintain a record of the elevation to which all new structures and alterations or additions to structures are flood proofed. (b) State and federal permits. Applicants for special condition use permits, modifications, and site plan review approval are responsible for obtaining all necessary state and federal permits. (c) Warning and Disclaimer of Liability. This ordinance does not imply that areas outside the flood plain districts or land uses permitted within such districts will be free from flooding or flood damages. This ordinance shall not create liability on the part of the City of Saint Paul or any officer or employee thereof for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made thereunder. (d) Severability. If any section, clause, provision, or portion of this ordinance is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this ordinance shall not be affected thereby. Section 29 That Section 65.900 of the Saint Paul Legislative Code is hereby added to read • as follows: Section 65.900 Floodplain non-conforming structures. Non-conforming use of structures and land and non-conforming structures shall be subject to the provisions of Section 62.102 and to the following regulations: (1) A structure 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: (a) No structure shall be expanded, changed, enlarged, or altered in a way which increases its nonconformity. (b) Any alteration or addition to a nonconforming structure which would result in increasing the flood damage potential of that structure or use shall be protected to the regulatory flood protection elevation in accordance with any of the elevation on fill or flood proofing techniques (i.e. , FP-1 through FP-4, flood proofing classifications) allowable in the State Building Code, except as further restricted in (c) below. (c) The cost of any structural alterations or additions to any 18 • 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 January 28, 1982, 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 Section 65.210 or 65.220 of this Ordinance for new structures depending upon whether the structure is in the Floodway or Flood Fringe, respectively. (d) When the use of a nonconforming structure is discontinued or ceases to exist for three hundred sixty-five (365) days, the nonconforming structure shall not thereafter be reused until the nonconforming structure is made conforming to the flood protection measures of this ordinance, unless the planning commission, pursuant to a public hearing, finds that the nonconforming structure cannot reasonably or economically be made into a conforming structure and that reuse of the nonconforming structure is consistent with the public health, safety, morals, and general welfare of the community and is consistent with the reasonable use and enjoyment of adjacent property. (e) If any nonconforming 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 Ordinance. The applicable provisions for establishing new structures in Sections 65.210 or 65.220 will apply depending upon whether the structure is in the Floodway or Flood Fringe, respectively. Section 30 That Section 65.950 of the Saint Paul Legislative Code is hereby added to read as follows: Section 65.950. Areas Protected by Dikes, Levees, and Floodwalls Areas which the Federal Emergency Management Agency has removed from the floodplain through a revision to the Flood Insurance Rate Map or a Letter of Map Revision because the areas are protected by a dike, levee, or floodwall shall be exempt from the flood protection regulations of this code. Section 31 That Section 62.102 (Nonconforming lots, nonconforming uses of land, non- • 19 conforming structures and nonconforming uses of structures and premises) subdivision (d) (2)Nonconforming structure with conforming use) is hereby • amended to read as follows: (2) Should such structure be destroyed by any means to an extent of more than sixty (60) percent of its replacement cost, exclusive of the foundation, at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this code. In the case of the River COrridor, if any such structure is destroyed by any means to an extent of more than fifty (50) percent of its market value at the time of destruction, it shall the code. Section 32 That Section 62.102 (Non-conforming lots, nonconforming use of land, nonconforming uses of structures and premises) subdivision (h) (Major alterations) is hereby repealed in its entirety. Section 33 That Section 64.205 (Divisions by the Board of Zoning Appeals) paragraph (e) is hereby added to read as follows: (e) A copy of administrative appeals concerning the River Corridor Districts shall be submitted to the commissioner of natural resources sufficiently in advance so that the commissioner will receive at least ten (10) days notice of the board's hearing. A copy of all decisions granting administrative appeals shall be forwarded to the commissioner of natural resources within ten (10) days of such action. Section 34 That Section 64.101 (Duties of Zoning Administrator) paragraph (e) of the Saint Paul Legislative Code is hereby repealed in its entirety. Section 35 That Section 67.504 (Drainage and storm sewers) subdivision (f) Areas of poor drainage of the Saint Paul Legislative Code be amended so as to add the following new clause (5) thereto: 20 • 9 /- 5-3/ (5) For all subdivisions in the RC-1 Floodway District and RC-2 Flood Fringe • District: (a) The subdivision and the individual lots shall have road access no lower than two (2) feet below the regulation flood protection elevation. (b) The floodway and flood fringe district boundaries, the regulatory flood protection elevation and the required elevation of all access roads shall be clearly labeled on all required subdivision drawings and documents. (c) The Federal Emergency Management Agency (FEMA) has established criteria for removing the special flood hazard area for certain structures properly elevated on fill above the 100-year flood elevations. 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. Section 36 That Section 65.233 (Standards for urban open uses) is hereby amended by adding new subdivision (d) to read as follows: • Section 65.233. Standards for urban open uses. (a) Development shall be limited to forty (40) feet in height. (b) The development of new and expansion of existing commercial and industrial uses shall only be on lands which are on the landward side of blufflines. (c) Mining and extraction operations shall not be permitted. (d) No use shall be permitted which is likely to cause pollution of water, as defined in Minnesota Statutes. Section 115.01, unless adequate safeguards, approved by the state pollution control agency. are provided. Section 37 That Section 65.243 is re-numbered to 65.244 and a new Section 65.243 is added to read as follows: Section 65.243. Standards for urban diversified uses. No use shall be permitted which is likely to cause pollution of waters, as defined in Minnesota Statutes, Section 115.01, unless adequate safeguards, • 21 approved by the state pollution control agency, are provided. • Section 38 That the River Corridor Overlay Zoning District maps, as incorporated by reference in Section 65.102 of the Saint Paul Legislative Code, are hereby amended as follows: (1) the lands along Kellogg Boulevard east of Wall Street are rezoned from RC-2 to RC-4 as shown on Maps 11 and 12; (2) the berm north of the Waste Treatment Plant is rezoned from RC-4 to RC-2 and all of the Waste Treatment Plant which is surrounded by the protective levee is rezoned to from RC-2 to RC-4, as shown on Maps 12, 15, 16, and 18; and (3) the half-moon shaped portion of the Island Station property is rezoned from RC-4 to RC-2, as shown on Map 7. The amended maps accompany and are a part of this ordinance. Section 39 This ordinance shall take effect and be in force thirty (30) days from and after its passage, approval, and publication. Yeas Nays Absent Grimm Guerin Long Requested by Department of: Maccabee hune n T Pla ing and Economic Development hune Wilson By: t / Adopted by Council: Date Form Apprl' ed by City Attorney Adoption Certified by Council Secretary By: �� � By: n� Appr•ved by aye r ,submission to Coun '/1 Approved by Mayor: Date B •By. 22 • DEPARTMENTiOFFICECOUNCIL DATE INITIATED PED - PLANNING 12/21/90 GREEN SHEET ° 10237 Op INITIAL'DATE iNITIAL'DATE CONTACT PERSON&PHONE DEPARTMENT DIRECTOR E CITY COUNCIL Roger Ryan 3382 ASSIGN nJ CITY ATTORNEY ®CITY CLERK MUST BE ON COUNCIL AGENDA BY(DATE) NUMBER FOR ROUTING r---1 BUDGET DIRECTOR 1111 N.&MGT.SERVICES DIR. ORDER MAYOR(OR ASSISTANT) , , TOTAL# OF SIGNATURE PAGES 2 (CLIP ALL LOCATIONS FOR SIGNATURE) ACTION REQUESTED: Adopt river corridor zoning amendments. Fran -kvic RECOMMENDATIONS:Approve(A)or Reject(R) PERSONAL SERVICE CON (ti b G C K c_ , G QUESTIONS: A PLANNING COMMISSION _ CIVIL SERVICE COMMISSION 1. Has this person/firm ever CIB COMMITTEE YES NO ( s 111000 r A STAFF 2. Has this person/firm eve YES NO ABLY di'/� _ DISTRICT COURT 3. Does this erson/firm p p< Ma/0 A y current city employee? SUPPORTS WHICH COUNCIL OBJECTIVE? YES NO ✓ e Explain all yes answers on separate sheet and attach to green sheet Economic Development INITIATING PROBLEM,ISSUE.OPPORTUNITY(Who,What,When.Where,Why): The Federal Emergency Management Agency and Department of Natural Resources require City to up-date its floodplain regulations. ADVANTAGES IF APPROVED: City will have up-dated floodplain regulations. • DISADVANTAGES IF APPROVED: None. DISADVANTAGES IF NOT APPROVED: City landowners in floodplain could lose flood insurance. TOTAL AMOUNT OF TRANSACTION S COST/REVENUE BUDGETED(CIRCLE ONE) YES NO FUNDING SOURCE ACTIVITY NUMBER FINANCIAL INFORMATION:(EXPLAINI SAIN, Interdepartmental Memorandum PAUL 4 CITY OF SAINT PAUL AAAA puma MEMORANDUM Date: April 12, 1993 To: Councilperson�Thune and members of the Public Works Committee From: Roger Ryan V V �C � ` '�1 Re: River Corridor Amendments The City Planning Division requests that the proposed text and map amendments to the River Corridor Ordinance be considered and adopted by the City Council. Most of these amendments have been considered by the Public Works Committee and the City Council in 1991. The division believes the amendments should be adopted for the following reasons. Text amendments. On March 16, 1993, the Minnesota Department of Natural Resources (DNR) requested that the City adopt the proposed text amendments so that the City's ordinance is compliant with the requirements of floodplain regulations of the National Flood Insurance Program and with the most recent Federal Emergency Management Agency (FEMA) floodplain maps. The DNR's letter is attachment 1. Tilsner Building. The City has recently approved financing to convert the Tilsner Building, at 315-319 Kellogg Boulevard, to 66 units of housing for artists. This project will receive historic tax credits and low income housing credits only if the conversion is completed this year. An aggressive construction schedule needs to be followed if conversion is to be finished on time. The building's plans are undergoing site plan review and demolition has begun prepatory to conversion. However, conversion of the building can not go forward now because the building is erroneously shown in the floodplain on the City's River Corridor maps. The planning staff has recently discovered a discrepancy between the City's River Corridor Zoning Maps and FEMA's floodplain map for the Tilsner Building and an adjoining area. The City's River Corridor Zoning Maps show that the Tilsner Building and adjoining area are located within the floodplain. FEMA's floodplain map shows that the building and adjoining area are outside of the 1 (ME) floodplain. (See attachment 2 for a portion of FEMA's map. ) Planning staff has consulted with the DNR and we agree that FEMA's map is the most recent, best information and that the building and the adjoining area are outside of the floodplain. Since the City's River Corridor maps shows the building in the floodplain, it can not be converted to housing until either (1) a special condition use permit is issued with a modification to allow residential use in a non-floodproofed building, or (2) the City's River Corridor map is changed to place the building outside of the floodplain, as FEMA's map now shows. Changing the River Corridor map to show the building outside of the floodplain is the fastest way to allow the project to go forward. The map change will also reflect the actual floodplain situation of today for the Tilsner Building and the adjoining area. Staff recommends that the City's River Corridor Maps 11 and 12 be revised to show the Tilsner Building and adjoining area outside the floodplain. The revised maps are attachment 3. The planning staff recommendation to the City Council in 1991 concerning the Waste Treatment Plant is reiterated below. Waste Treatment Plant. In a letter of June 11, 1991, FEMA accepted the certification of the engineers for the Metropolitan Waste Control Commission that the levee around their plant will withstand 100-year flood waters and has placed the plant outside the floodplain on FEMA's maps. Consequently, staff recommends that the City's Floodplain Maps Numbers 12, 15, 16, and 18 be revised to show their site outside of the floodplain. FEMA's Map placing the plant outside the floodplain and revised City River Corridor Maps are attachment 4. Island Station Site. Since the City's floodplain map must be consistent with FEMA's floodplain map, staff recommends that a half-moon portion of the Island Station Site be placed in the floodplain on the City's River Corridor Map 7. In a 1990 letter of map revision and in a 1991 new floodplain map, FEMA placed the Island Station site back within the floodplain, including the half-moon portion. The City has requested FEMA to revise their map and place the half-moon portion, as well as other elevated portions of the site, outside the floodplain. FEMA is awaiting additional data and has not acted on the request. In the meantime, the half-moon portion should be placed in the floodplain on the City's floodplain map. The revised map is attachment 5. An abbreviated chronology of the floodplain history of this site is included as attachment 6. Ordinance change. In order to incorporate the staff proposed map changes, Section 38 of the proposed River Corridor amendment should be changed to read as follows: That the River Corridor Overlay Zoning District maps. as incorporated by 2 reference in Section 65.102 of the Saint Paul Legislative Code, are hereby amended as follows: (1) the lands along Kellogg Boulevard east of Wall Street are rezoned from RC-2 to RC-4 as shown on Maps 11 and 12: (2) the berm north of the Waste Treatment Plant is rezoned from RC-4 to RC-2 and all of the Waste Treatment Plant which is surrounded by the protective levee is rezoned to from RC-2 to RC-4, as shown on Maps 12, 15, 16, and 18: and (3) the half-moon shaped portion of the Island Station property is rezoned from RC-4 to RC-2, as shown on Map 7. The amended maps accompany and are a part of this ordinance. For reference, a copy of the entire proposed River Corridor Amendment is attached. It includes the amendments made by the Public Works Committee in May 1 1991; the amendments proposed to the City Council on June 20, 1991; and the above amendment to Section 38. DNR approval. The DNR must review and approve all map and text changes to the City's River Corridor Ordinance. These proposed changes have been sent to the DNR for their approval. 3 - . -ATTACHMENT 1 • M �������STATE n OF DEPARTMENT OF NATURAL RESOURCES 500 LAFAYETTE ROAD • ST. PAUL, MINNESOTA • 55155-40 DNR INFORMATION (612) 296-6157 RELIVED March 29, 1993 APR 0 1 1993 The Honorable James Scheibel MAYOR'S OFFICE Mayor, City of St. Paul 15 W. Kellogg Blvd St. Paul, MN 55102 Dear Mayor Scheibel: NATIONAL FLOOD INSURANCE PROGRAM COMMUNITY ASSISTANCE VISIT Thank you for the time that Roger Ryan--as well as several staff from the planning and building departments--spent with Molly Shodeen and Judy Boudreau on March 16, 1993 to discuss floodplain management in St.Paul. We appreciate the interest shown. The meeting was conducted by our staff on behalf of the Federal Emergency Management Agency(FEMA) in consideration of your City's continued participation in the National Flood Insurance Program (NFIP). During the course of the meeting, several topics were discussed, some of which require follow-up action by the City: 1. Your Floodplain ordinance is non-compliant due to 1986 changes to federal requirements of the NFIP. A draft version of a compliant ordinance was approved on May 21, 1991, however we still await certified copies of an adopted ordinance. Federal regulations only allow 90 days from the date of this visit for finalization of non-compliant ordinances. This deadline will occur on June 15, 1993. It is suggested that you attempt to meet the federal deadline with substantial progress in order to avoid any possible sanctions imposed by FEMA. In addition, the new 1989/1991 maps have never been adopted, and city staff technically should be administering floodplain regulations based on higher river elevations with no floodway (from the 1982 maps). This fact could jeopardize the city's standing with FEMA as well. We are aware that one of the reasons City Council has not acted on the draft ordinance is the pending law suit on John Kerwin's property(the old NSP plant). It is our opinion that the language of the ordinance which would have any impact on the outcome of that suit has not changed in the new draft. 2. The City did not have forms for recording base flood elevations or inspecting and certifying elevations of the lowest floor of permitted structures. Zoning forms and elevation certificates were provided to city staff at the meeting which can be used to provide elevation information necessary to ensure compliance with the AN EQUAL OPPORTUNITY EMPLOYER ATTACHMENT 1 Mayor James Scheibel Page 2 floodplain ordinance. An additional form for certifying floodproofed residential structures is being provided to Mr.Ryan in his copy of this letter. Once the proper flood protection elevation (remembering to add in a foot of freeboard to the flood elevation) has been determined for a particular site, that elevation can be specified on the building permit. During inspections, the as-built elevation or floodproofed elevation should be certified in accordance with your ordinance before a certificate or occupancy or zoning compliance is issued. (These forms are also helpful for providing elevation information to property owners, lenders and/or agents, as desired.) Please try to have this system, or one similar to it, implemented immediately. In closing, the City is commended for the excellent job of floodplain management and ordinance implementation. Should you have any questions relating to routine floodplain management they should be directed to Ms. Shodeen at (612) 772-7910. If you or your staff have any questions regarding this assessment please contact Judy Boudreau at (612) 296-9224. • Sincerely, J Joseph C. Gibson, Supervisor Floodplain Program JCG/JB cc: Roger Ryan, Planner IV Jeanne Kern,FEMA • Molly Shodeen,Area Hydrologist Lloyd Knudson,Acting Regional Hydrologist • • -� 2. y I 1 ~ '° ^ ' _| `'�|| ,li - 7. 1 I L _ ci 1 •:".."=''.-.V40-1:'‘LA■.--.7"\v,&.:;:walte: .i Ni /..,,,,,./."44..%N. -N.44..k.ti.^.Wp.,"„,..:Vt .. Lq i ri ' // jiiii.#.4.00;4:Wftkeiel I oi DI__ s, fr•-,).., . 'N.',.;r:0-47F0,. 4- . 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Lo. 7 • => N. .e< , ---'-- \ •'---i!-- oil 6 . : 1 - : vit...i'Z.•:•1:-...1•7' �. _ 'fit. :�:_ , a 9('''\•i 1 CC IIi'JD -. T. \ ,� iv f, 'I1 44.... t t- i--1 �/ ° -1. . • _ : : GPI /• - 3— • River Corridor Overlay Zoning District - _ ATTACHMENT 4 { O N_ iio r O N O •cl C c �..� O •U o 0 € 0 € co o u. cc u. CC D CL D t" , / CC2. - ',*'>7- // --... ---.‘. !"1"en4kt 4* - I a e7uff line v� �' J� /�I ; / • • ‹,.-.1-,t0-1-, - I �\ `- . Q 1 / ,, ,i`1. a i 1 • •`. RRA a .0 c:a al , � a 0 ir, _____,:..;:1: -----1 „..t.---.--- . Di• • --- 0 PPr—mvER-- . M1551551 . ,\ \� •� IMI• . Lai . 0 . River Corridor Overlay Zoning District IATTACHMENT 4 N m d c ,o 0 e N. co r O N p C'1 cc a- R ��■ - • 'i 67,9/0, 'J.'3 N • r U CC ----- 1i0iiiij1: 11 l , '97771-7. 7.-_ �, ,.. C] Ili:11111110 0 .! jl_Ill llll' I;��- :i• 11. 4••.'4/1= . I.. r.71 0 • ----- : Ill ' . CC I . ., ti.JER 1 i ,,,,,,,,,,„ CC c1551. 441114; �� • X55 . . • River Corridor Overlay Zoning District ATTACHMENT 5 N V U 0 y U N N p w 8 i,Q1 N U C ~ • d d c to ca 3 LL 0 v r cc u. cc ir. [L D ¢ • . • T. U CC � yl z.'1 'S 'k,�� .›, d, N.) ,_ _ ..,, .. , :cci:ACS a _ i 0 p la qTV• I I , - •- Vi " I • ■ -•: qg 141,„\\N. .1. :,...,ii,.._ ...,. . , ==.„...,..., ., ,.. 4_ _ .„ .. - t■'I=7= al= � C �Q'iZ�� U.�•• ���`C� 1 .rte. �� ,.7:- _..`I_. '., E k- 1111".1. ..'", .' ."� ■ . ''''\ - � �� — .iii 1 _ .. -fir 0-N.�!!� n�� u�lu� - .A:...„.. $--\ f._°E I lUlfMI III I s wamp��. 4`.. I E I �-.�>. 'r a--31a 111 i. .� ' - I ;■ . um i r?' -- •� —� v." ' .i �K ii iii;: ', :I ' • I i _,2-g + a®1I=:011 i �a� . . :1,ll \ ,. 1: Y- 711111111111: .I I i ll'a t. .° i `- 1 1 E J glIMEn 1111111 � v..„,, 1 — ATTACHMENT 6 CHRONOLOGY OF ISLAND STATION SITE FLOODPLAIN ZONING 1. In August 1989 FEMA released their floodplain map showing the Island Station building and surrounding land outside of the floodplain. The building and surrounding land had been shown on previous FEMA floodplain and City zoning maps as being within the floodplain. 2. After asking FEMA to review its decision to place the building outside of the floodplain, in July 1990 the planning staff informed Mr John Kerwin, the property owner, that it intended to recommend that most of the site be placed outside the Floodplain. 3. In September 1990 the DNR requested that FEMA place the site back in the floodplain, citing these reasons: (1) the fill on the site is very permeable to flood waters; (2) one or more levels of the building are below the 100-year flood level: and (3) an old cooling water culvert directly connects the river to the building. The DNR also informed planning staff that the site should continue to be considered in the floodplain unless informed to the contrary by DNR. 4. In November 1990, FEMA notified the City that they had placed the site back within the floodplain by issuing a letter of Map revision. The map revision showed a half-moon portion of the site within the floodplain which on previous FEMA and City maps been shown outside the floodplain. 5. In December 1990, the Planning Commission recommended that a half-moon portion of the site be placed in the floodplain so that the FEMA's and the City's map would be consistent with one another. This was done with the understanding that the City would request that FEMA remove from the floodplain the half-moon portion and all adjacent land which had recently been filled above the 100-year flood level. 6. In December 1990 the City made the map revision request to FEMA. 7. After reviewing the City's request, in April 1991 the DNR recommended to FEMA that the half-moon portion of the site be removed from the floodplain, but that the adjacent recently filled areas remain within the floodplain. They cited lack of engineering data on fill consistency, compaction, and erosion protection for the recently filled areas. 8. FEMA published a new map panel for the area, dated July 2, 1991, in which the Island Station site is located. This map incorporates the changes made in the letter of map revision of November 1990, item 4 above. 9. In September 1991, FEMA requested that it be provided data so it could complete its review of the City's requested map revision. In October 1991, planning staff requested the data from Mr. Kerwin. Mr. Kerwin has not provided the data and FEMA has not acted upon the request. 10. As of April 1993 the site, including the half-moon portion, is shown 1 within the floodplain on FEMA's map and, except for the half-moon portion, within the floodplain on the City's map. 2 ��� STATE OF //��It • DEPARTMENT OF NATURAL RESOURCES 500 LAFAYETTE ROAD • ST. PAUL, MINNESOTA • 55155-40 32 DNR INFORMATION (612) 296-6157 April 21, 1993 Mayor James Scheibel City of St. Paul 15 West Kellogg Boulevard St. Paul, MN 55102 Dear Mayor Scheibel: It is my understanding based on conversations and correspondence with Roger Ryan that the Public Works Committee and the City Council will be meeting to amend the City's River Corridor Ordinance to become compliant with changes in the National Flood Insurance Program Regulations. The City will also be addressing changes to its zoning maps to make them the same as the Flood Insurance Rate Maps (FIRM). The Department of Natural Resources is in agreement with the recommendations contained in an April 12, 1993, Memorandum from Roger Ryan to Councilperson Thune and the Public Works Committee. This letter constitutes an interim approval of these proposed changes. Final approval cannot occur until the ordinance amendments and map changes are approved by the City Council. Sincerely, DIVISION OF WATERS if Og.azghi`Slum, Supervisor Land Use Unit OS/JG:kf cc: Molly Shodeen AN EQUAL OPPORTUNITY EMPLOYER Public Works Committee Report 677/ } 3l April 21, 1993 . Page -3- fr 9. Final Order: Sidewalk construction and/or reconstruction at the following locations: WARD 7 9304 oth sides Burns Ave. from Birmingham St. to N. White Bear Ave. (Dist. 1) S9305 Both sides Conway St. from Mendota St. to Forest St. (Dist. 4) S9306 Both sides Flandrau St. from Conway St. to Wilson Ave. (Dist. 1) S9307 Both sides Euclid Ave. from Flandrau St. to N. White Bear Ave. (Dist. 1) S9308 East side Ruth St. from Burns Ave. to Suburban Ave. (Dist. 1) Public Hearing is scheduled for April 27, 1993. (Staff-Tom Keefe) (Committee recommends approval with no assessments to the Burns Avenue property owners, File No.S9304, 4-0) 10. Discussion - The Bank of Saint Paul Curbside Teller. (Staff-Dan Dunford) (Committee recommends approval of an ordinance granting permission to the Saint Paul Port Authority to install a curbside drive up teller, 4-0. This ordinance was originated, and accepted, in committee. An ordinance will be submitted to the City Clerk's Office upon the completion of the City Attorney's review.) 11. Resolution -93-397 - Granting a variance from Chapter 293 of the Legislative Code regarding a sound level variance from the St. Paul Department of Public Works to facilitate construction along a railroad track near 695 Watson and 676 Armstrong. (Staff-Peter Kishel) (Committee recommends lay over in committee to May 5, 1993, 3-0.) 12. Resolution -93-217 - Reconsidering C.F. 91-1072 action and initiating a process to reconsider previous Council Action on Shepard Road regarding the selection of a grade separated intersection at Chestnut Street. (Staff-Leon Pearson) (Committee recommends to move item out to Council with no recommendation, 3-0.) libOrdinance - 91-531 - Adopting river corridor zoning amendments. (Staff-Roger Ryan) (Committee accepts amendments made to CF 91-531 and recommends approval of the amended ordinance, 3-0. The discussion of the Island Station Site will be continued at the May 5th Public Works Committee meeting. If any changes are made, an amendment will be made to CF 91-531 before its final adoption. The Committee requests the administration to grant a special building permit allowing construction on the Tilsner Building to begin immediately.) 14. Corresponce from Joan Riebel. (Committee recommends approval to strike the sidewalk removal order, provided that there will be no parking on the turnaround. The turnaround will be removed if this new agreement is violated. Committee asks that Bob Piram send out a letter stating this new agreement, 4-0) 1st ,g-„2 -9/ 6%/9/ 3rd /:?2 o/9/ Adopted Yeas Nays DIMOND QGOSWITZ ,7/S � LONG � MACCABEE RETTMAN THUNE MR. PRESIDENT, WILSON AIL ORIGINAL 1 Council File # Ordinance # Green Sheet # • ORDINANCE CITY OF SAINT • �= OTA Presented By J1,41111- ismiLAIII 4110tromi VW." R rred To t� r� "� a,, Committee: Date 2.3 ZONI G CODE AMENDMENTS An ordinance amending Chapters 60, 62, 64, 65, and 67 of the Saint Paul Legislative Code pertaining to the Zoning Code regarding the River Corridor. The council of the city of Saint Paul does ordain: Section 1 That Section 60.202 B of the Saint Paul Leg" _lative Code be amended so as to add the following new definition thereto: Basement (River Corridor District only . Any area of a structure having its floor subgrade (below ground level) o, all four sides. Section 2 That Section 60.206 F of the Sa" t Paul Legislative Code be amended so as to add the following new definition . ereto: Flood. A temporary increas: in the flow or stage of a stream or in the stage of a wetland or .lake that res lts in the inundation of normally dry areas. Section 3 That Section 60.208 of the Saint Paul Legislative Code be amended so as to add the following: Historic Structur . (River Corridor District only) . Any structure that is: (a) Listed in-4ividually in the National Register of Historic Places ( . listing maintained by the Department of Interior) or prel minarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; (b) Cer fied or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district prelimin- arily determined by the Secretary to qualify as a registered historic district; or (c) Designated by the City as a heritage preservation site. Section 4 That Section 60.215 0 of the Saint Paul Legislative Code be amended so a to add the following new definition thereto: Obstruction (River Corridor District only) . Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel modification, culvert, building, wire, fence, stockpile, refuse, fill, structure, or matter in, along, across, or projecting into any channel, watercourse, or regulatory flood plain which may impede, retard, or change the direction of the flow of water, either by itself or by catching or collecting debris carried by such water. Section 5 That Section 60.218 R of the Saint Paul Legislative Code be amended so as to add the following definition thereto: 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. Section 6 That Section 65.101 (Intent) of the Saint Paul Legislative Code is hereby amended to read as follows: Sec. 65.101. Intent and Purpose: The River Corridor District and its subclassifications. RC-1, RC-2, RC-3 and RC-4 are map overlay districts, designed to provide comprehensive floodplain and river bluff management for the City of Saint Paul in accordance with the policies of Minnesota Statutes (Chapters 104 and 116G) , Minnesota Regulations (MEQC 54) and Governor's Executive Order No. 79-19. It is the purpose of this chapter: 1— To protect and preserve the Mississippi River Corridor as a unique and valuable resource for the benefit of the health, safety, and welfare of the citizens of the city and the state: 2. To prevent and mitigate irreversible damage to the Mississippi River Corridor: 2 Oii $Gfi'AL 3. To protect and preserve the Mississippi River Corridor as an essential element in the federal, state, regional and local recreation, transportation, sewer and water systems: 4. To maintain the River Corridor's value and utility for residential, commercial, industrial and public purposes: 5. To protect and preserve the Saint Paul Mississippi River Corridor's biological and ecological functions: 6 To preserve and enhance the Saint Paul Mississippi River Corridor's aesthetic, cultural, scientific and historic functions: 7. To guide development of the floodplain so as to minimize loss of life, threats to health, and private and public economic loss caused by flooding: and 8. To guide floodplain development in order to lessen the adverse affects of floods, but not to reduce or eliminate flooding. Section 7 That Section 65.102 (Establishment) Subdivision (a) of the Saint Paul Legislative Code is hereby repealed in its entirety and the following adopted in place thereof: (a) This ordinance shall apply to all lands within the city of Saint Paul shown on the river corridor overlay zoning district maps as being located within the boundaries of the RC-1 River Corridor Floodway District, RC-2 River Corridor Flood Fringe District, RC-3 River Corridor Urban Open Space District, and RC-4 River Corridor Urban Diversified District. Section 8 That Section 65.102 (Establishment) of the Saint Paul Legislative Code be amended so as to add the following new subdivision (b) thereto, to renumber present Subdivision (b) to be Subdivision (c) , and to amend new Subdivision (c) to read as follows: (b) The twenty-one (21) River Corridor Overlay Zoning Districts Maps, dated July 6, 1987, together with all matters attached thereto, are hereby adopted by reference and made a part of this code as if the matters and information set forth therein were fully described herein. The attached material shall include: (1) the Flood Insurance Study for the city of Saint Paul prepared by the Federal Insurance Administration dated August 3, 1989; (2) the Flood Insurance Rate Map, dated August 3, 1989; and (3) four (4) maps entitled River Corridor Floodway District, dated July 6, 1987. 3 UttIQIINAL (c) (b)Within these districts all uses not allowed as permitted uses or as permitted uses subject to special conditions shall be and are hereby prohibited. Legal nonconforming structures or uses existing on the effective date of this chapter or amendment thereto will be permitted to continue as provided in Section 62.102 and section 65.900. Section 9 That Section 65.103 (Compliance) subdivisions (c) and (d) are hereby repealed in their entirety and the following new subdivisions (c) , (d) , and (e) are adopted in place thereof: (c) A site plan shall be submitted to and approved by the planning commission in accordance with Section 62.108 before a permit is issued for any development on property wholly or partially located within the River Corridor District. For any development in the RC-1 and RC-2 districts, the site plan shall include the regulatory flood protection elevation; the proposed elevation of fill; the proposed elevation of the lowest floor of new structures, altered structures, and additions to existing structures; and the proposed elevation to which structures will be floodproofed. (d) All building permits for structures proposed to be floodproofed in the RC-1 and RC-2 districts shall be reviewed to determine whether the structures will be adequately floodproofed. (e) Certification. Before a certificate of occupancy is issued for any development in the RC-1 and RC-2 districts, the applicant shall submit to the zoning administrator certification by a registered professional engineer, registered architect, registered landscape architect, or registered land surveyor that the finished fill and building elevations were accomplished in compliance with the provisions of this ordinance. Finished fill and building elevations shall be verified by ground surveys. Flood-proofing measures shall be certified by a registered professional engineer or registered architect. Section 10 That Section 65.211 of the Saint Paul Legislative Code is hereby amended to read as follows: Sec. 65.211. Principal uses permitted. The following uses shall be permitted within the RC-1 Floodway District to the extent that they are not prohibited by any other provision of the zoning code or other ordinances_ and provided that they have a low flood damage potential, will not materially obstruct flood flows or incrcaoc vclocitico or otagco of the regional flood, and do not require structures, fill, storage of materials or storage of equipment. The uses are subject to the conditions of the underlying zoning district, to the Standards For Floodway Permitted Uses, Section 65.212, and to the River Corridor Standards and Criteria, Section 65.400. 4 CiidGINAL (1) Nonstructural industrial and commercial uses, such as open-loading areas, parking areas, interior service roads, airport service roads and airport runways. (2) Public and private recreational uses such as golf courses, tennis courts, driving ranges, archery ranges, picnic and camp grounds, boat launching and beaching areas or ramps, swimming areas, parks, playgrounds, wildlife and nature preserves, game farms, fish hatcheries, and hiking, bicycling, horseback or recreational vehicle areas and trails, and other open space uses. (3) Accessory residential uses such as lawns, gardens, parking areas and play areas. (b) In addition, no permitted use within the Floodway District shall adversely affect the hydraulic capacity of the channel or floodway or any tributary to the main stream or of any ditch or other drainage facility or system, and no use shall be permitted which is likely to cause pollution of waters, as defined in Minnesota Statutes, Section 115.01, unless adequate safeguards, approved by the state pollution control agency, arc provided. (c) Permitted uses arc subject to applicable standards in Section 65.400 ct.scq. Section 11 That Section 65.212 (Principal uses permitted subject to special conditions) of the Saint Paul Legislative Code is hereby repealed in its entirety and the following adopted in place thereof: Section 65.212 Standards For Floodway Permitted Uses Permitted uses in the Floodway District are subject to the following standards: (1) The use shall not significantly obstruct flood flows or significantly increase flood elevations and shall not involve structures, fill, obstruction, excavations, or storage of materials or equipment. (2) The use shall have a low flood damage potential. (3) The use shall not adversely affect the hydraulic capacity of the channel or floodway or any tributary to the main stream or of any ditch or other drainage facility or system. (4) No use shall be permitted which is likely to cause pollution of waters, as defined in Minnesota Statutes, Section 115.01, unless adequate safeguards, approved by the state pollution control agency, are provided. 5 Section 12 That Section 65.213 (Standards for floodway conditions uses) of the Saint Paul Legislative Code is hereby repealed in its entirety and the following adopted in place thereof: Section 65.213 Permitted Uses Subject To Special Conditions The following uses shall be permitted within the RC-1 Floodway District to the extent they are not prohibited by any other provision of the zoning code or other ordinances. The uses shall be permitted only upon the application and issuance of a conditional use permit by the planning commission. The uses are subject to the conditions of the underlying zoning district, to the Standards for Floodway Conditions Uses, Section 65.214, and to the River Corridor Standards and Criteria, Section 65.400. (1) Railroads, highways, streets, alleys, access roads, bridges, sewers, utilities, utility transmission lines, and pipe lines. (2) Marinas, boat rentals, docks, piers, mooring anchors, wharves, water control structures, and navigation facilities. (3) Storage yards or areas for equipment, machinery or bulk materials. (4) Structures accessory to permitted uses, Section 65.212, or conditional uses of this section. (5) Placement of fill. (6) Structural works for flood control such as levees, dikes, and floodwalls constructed to any height where the intent is to protect individual structures. Section 13 That Section 65.214 of the Saint Paul Legislative Code is hereby added to read as follows: Section 65.214 Standards For Floodway Conditional Uses. Conditional uses in the Floodway District are subject to the following standards: (1) No structure, (temporary or permanent) , fill deposit, (including fill for roads and levees) , obstruction, storage of materials or equipment, or other use may be allowed which will cause an increase in the height of the regional flood or cause an increase in flood damages in the reach or reaches affected. 6 ®RIG (2) Fill shall be protected from erosion by vegetative cover, mulching, riprap, or other acceptable method. (3) Accessory structures shall not be designed for human habitation. (4) Accessory structures shall be constructed and placed on the building site so as to offer the minimum obstruction to the flow of flood waters. a. Whenever possible, structures shall be constructed with the longitudinal axis parallel to the direction of flood flow, and, b. So far as practicable, structures shall be placed approximately on the same flood flow lines as those of adjoining structures. (5) All 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 accessory structures shall be no lower than one (1) foot below the regulatory flood protection elevation and the fill shall extend at such elevation at least fifteen (15) feet beyond the outside limits of the structure erected thereon. (6) As an alternative to elevation on fill, accessory structures may be structurally dry flood proofed in accordance with the FP-1 or FP-2 flood proofing classification in the State Building Code or flood proofed to the FP-3 or FP-4 flood proofing classification in the State 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 proofed accessory structures must meet the following additional standards, as appropriate: a. The structure must be adequately anchored to prevent flotation, collapse or lateral movement of the structure and shall be designed to equalize hydrostatic flood forces on exterior walls; and b. Any mechanical and utility equipment in a structure must be elevated to or above the regulatory flood protection elevation or properly flood proofed. (7) Storage of materials or equipment may be allowed if readily remov- able from the area within the time available after a flood warning and in accordance with a plan approved by the planning commission. (8) 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 Minnesota Statute, Chapter 105. Community- wide structural works for flood control intended to remove areas from the regulatory flood plain shall not be allowed in the floodway. (9) A levee, dike or floodwall constructed in the floodway shall not cause 7 • an increase to the regional flood and the technical analysis must assume equal conveyance or storage loss on both sides of a stream. (10) No use shall be permitted which is likely to cause pollution of waters, as defined in Minnesota Statutes, Section 115.01, unless adequate safeguards, approved by the state pollution control agency, are provided. Section 14 That Section 65.221, (Principal uses permitted) , of the Saint Paul Legislative Code is hereby repealed in its entirety and the following adopted in place thereof: Section 65.221 Principal Uses Permitted Permitted uses in the RC-2 Flood Fringe District shall be those uses of land or structures listed as permitted uses in the underlying zoning district, except that mining, extraction operations, the disposal of waste materials, and landfills, shall not be permitted. The uses are subject to the conditions of the underlying zoning district, to the Standards for Flood Fringe Permitted Uses, Section 65.222, to the Standards for All Flood Fringe Uses, Section 65.225, and River Corridor Standards and Criteria, Section 65.400. Section 15 That Section 65.222, (Standards for flood fringe uses) , is hereby repealed in its entirety and the following adopted in place thereof: Section 65.222 Standards For Flood Fringe Permitted Uses. Permitted uses in the Flood Fringe District are subject to the following standards: (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 (1) foot below the regulatory flood protection elevation and the fill shall extend at such elevation at least fifteen (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 fee for the outside dimension at ground level may be internally flood proofed in accordance with Section 65.214(6) . (3) The cumulative placement of fill where at any one time in excess of one- thousand (1,000) cubic yards of fill is located on the parcel shall be 8 allowable only as a Conditional Use, unless said fill is specifically intended to elevate a structure in accordance with subdivision (1) of this section. (4) The storage of any materials or equipment shall be elevated on fill to the regulatory flood protection elevation. Section 16 That Section 65.223, (Principal uses permitted subject to special conditions) , is hereby repealed in its entirety and the following adopted in place thereof: Section 65.223 Principal Uses Permitted Subject To Special Conditions. The following uses shall be permitted within the RC-2 Flood Fringe District to the extent they are not prohibited by any other provision of the zoning code or other ordinances, except that mining, extraction operations, the disposal of waste materials, and landfills shall not be permitted. The use shall be permitted only upon the application and issuance of a conditional use permit by the planning commission. The uses are subject to the conditions of the underlying zoning district, to the Standards for Flood Fringe Conditional Uses, Section 65.224, to the Standards for All Flood Fringe Uses, Section 65.225, and to the River Corridor Standards and Criteria Section 65.400. (1) Any structure that is not elevated on fill or flood proofed in accordance with Section 65.222 (1) or (2) . (2) Any use of land that does not comply with the standards in Section 65.222 (3) or (4) . (3) Sewage treatment plants. Section 17 That Section 65.224, (Standards for flood fringe conditional uses) , of the Saint Paul Legislative Code is hereby added to read as follows: Section 65.224 Standards For Flood Fringe Conditional Uses. Conditional uses in the Flood Fringe District are subject to the following conditions: (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, 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) is 9 • designed to internally flood and is constructed with flood resistant materials; and 3) 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: i. 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 flood waters 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 flood waters. ii. 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. (2) Basements, as defined by Section 60.202 B for this river corridor code, shall be subject to the following: a. Residential basement construction shall not be 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 and flood proofed in accordance with subdivision (3) of this section. (3) All areas of non-residential structures including basements to be placed below the regulatory flood protection elevation shall be structurally dry flood proofed in accordance with the FP-1 or FP-2 flood proofing classifications in the State Building Code. This shall require making the structure watertight with the walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of 10 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 is located on a parcel for such activities as landscaping, roads, or construction of flood control works, an erosion/sedimentation control plan must be submitted. The plan must clearly specify methods to be used to stabilize the fill on site for a regional flood event. The plan must be prepared and certified by a registered professional engineer or other qualified individual acceptable to the planning commission. (5) Structures may be constructed below the regulatory flood protection elevation provided they are protected from 100-year floods by a dike, levee, or floodwall. (6) Storage of material and equipment shall be subject to the following: a. Storage of materials or equipment, including materials that are flammable, explosive, or potentially injurious to human, animal, or plant life, may be allowed if: (i) readily removable from the area within the time available after a flood warning system and in accordance with a plan approved by the planning commission; or (ii) flood-proofed according to the state building code; or (iii) elevated above the regulatory flood protection elevation by alternative methods which meets the requirements of Section 65.224 (1) ; or (iv) protected by a dike, levee, or floodwall. b. Storage of bulk materials may be allowed provided an erosion/sedimentation control plan is submitted which clearly specifies methods to be used to stabilize the materials on site for a regional flood event. The plan must be prepared and certified by a registered professional engineer or other qualified individual acceptable to the planning commission. (7) No new construction, addition or modification to existing sewage treatment plants shall be permitted within the floodplain unless emergency plans and procedures for action to be taken in the event of flooding are prepared, filed with and approved by the Minnesota Pollution Control Agency. The emergency plans and procedures must provide for measures to prevent introduction of any pollutant or toxic material into the floodwaters. 11 Section 18 That Section 65.225, (Standards for all flood fringe uses) , of the Saint Paul Legislative Code is hereby added to read as follows: Section 65.225 Standards For All Flood Fringe Uses. All uses in the Flood Fringe District are subject to the following standards: (1) All new principal structures must have vehicular access at or above an elevation not more than two (2) feet below the regulatory flood protection elevation. If a modifications to this requirement is granted, the planning commission 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 exists. (2) 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 such facilities to be used by the employees or the general public shall not be granted in the absence of a flood warning system that provides adequate time for evacuation if the area would be inundated to a depth greater than two (2) feet or be subject to flood velocities greater than four (4) feet per second upon occurrence of the regional flood. (3) Manufacturing and Industrial Uses. Measures shall be taken to minimize interference with normal plant operations. Certain accessory land uses such as yards and parking lots may be at lower elevation subject to requirements set out in subdivision (2) 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. (4) Fill shall be properly compacted and the slopes shall be properly protected by the use of riprap, vegetative cover or other acceptable method. The Federal Emergency Management Agency (FEMA) has established criteria for removing the special flood hazard area designation for certain structures properly elevated on fill above the 100-year flood elevation. FEMA's requirements incorporate specific fill compaction and side slope protection standards for multi-structure or multi-lot developments. These standards should be investigated prior to the initiation of site preparation if a change of special flood hazard area designation will be requested. (5) Flood plain developments shall not adversely affect the hydraulic capacity of the channel and adjoining flood plain of any tributary watercourse or drainage system where a floodway or other encroachment limit has not been specified on the official zoning map. 12 ORIGINAL (6) Manufactured homes must meet all the density, setback, and other requirements for residential use of the zoning code and all requirements of the housing and building code. Travel trailers shall not be used for living quarters. (7) No use shall be permitted which is likely to cause pollution of waters, as defined in Minnesota Statutes, Section 115.01, unless adequate safeguards, approved by the state pollution control agency, are provided. Section 19 That Section 65.300, (Public Utilities, Railroads, Roads, and Bridges) , is hereby added to read as follows: Article III. 65.300 Public Utilities, Railroads, Roads, and Bridges Section 65.301 Public utilities, railroads, roads, and bridges. (1) Public Utilities. All public utilities and facilities such as gas, electrical, sewer, and water supply systems to be located in the flood plain shall be flood-proofed in accordance with the State Building Code or elevated to above the regulatory flood protection elevation. (2) Public Transportation Facilities. Railroad tracks, roads, and bridges to be located within the flood plain shall comply with Sections 65.210 and 65.220 of this Ordinance. Elevation to the regulatory flood protection elevation may be required by the planning commission where failure or interruption 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 interruption of transportation services would not endanger the public health or safety. (3) On-site Sewage Treatment and Water Supply 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 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. Section 20 That Section 65.411 (Protection of shorelands, wetlands and bluffs) subdivisions (b) (2) (placement of structures) and (c)(3) (grading and filling) are hereby repealed in their entirety. 13 kl3UNAL 9/ - Section 21 That Section 65.413 (Protection of water quality) subdivision (c)(7) is hereby added to read as follows: (7) Plans shall be submitted to the planning commission for any development placed landward from dikes, floodwalls, or levees which is below the flood protection elevation of the dikes, floodwalls or levees. The plans must provide measures to ensure that floodwaters do not back up onto the development from storm water drainage systems. Section 22 That Section 65.506 (Subject to appeal) of the Saint Paul Legislative Code is hereby amended to read as follows: Section 65.506. Subject to appeal. All decisions by the planning commission or planning administrator granting or denying a conditional use permit shall be final subject to appeal to the city council as outlincd hcrcin. in accordance with Section 64.206. Section 23 That Section 65.501 (Application) of the Saint Paul Legislative Code is hereby amended to read as follows: Section 65.501. Application. Conditional use permits shall be issued by the planning commission, except that the planning commission may delegate authority to issue conditional use permits to the planning administrator according to rules which the commission may prescribe. Such rules will be filed with the office of the city clerk. Applications shall be submitted to the planning administrator together with application fee in the amount determined by the city council. Upon receipt of an application, the planning administrator shall determine whether to require any or all of the following four (4) six (6) items of information supplied by the applicant as a prerequisite to the consideration of the application: (1) Plans in triplicate drawn to scale prepared by and signed by a registered engineer, architect and/or land surveyor as applicable, showing the nature, location, dimensions and elevation of the land; existing surface contours, structures, streets and utilities; proposed surface contours, structures, fill and the location and elevations of proposed streets, water supply, sanitary facilities and other utilities showing the relationship of the above to the channel and to the designated River Corridor District limits. (2) Specifications for building construction and materials, flood-proofing. 14 filling, dredging, grading, channel improvements, storage of materials, water supply, and sanitary facilities. (2)(3)Typical valley cross-sections of areas to be occupied by the proposed development showing the channel of the stream, elevation of land areas, high water information, vegetation and soil types. {34-(4)Plan (surface view) of the proposed development showing the proposed use or uses of the area and structures and providing location, relationships and spatial arrangements of those uses and related structures to pertinent elevations, fill, storage location, utilities and other features. {4}(5)Profile showing the slope of the bottom of the channel and flow lines of the stream. (6) A written evaluation by a registered engineer or other expert person or agency of the proposed project in relationship to flood heights and velocities, the seriousness of flood damage to the use, the adequacy of plans for flood protection, and other technical matters. Section 24 That Section 65.509 of the Saint Paul Legislative Code is hereby added to read as follows: Section 65.509 Notice of increased insurance costs. The planning administrator shall notify all applicants who propose to construct a structure, other than an accessory structure, below the regulatory flood protection elevation, as specified in Sections 65.224 (1) , (2) , or (3) that: 1) The issuance of a conditional use permit to construct a structure below the regulatory flood protection elevation 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 regulatory flood protection elevation increases risks to life and property. Such notification shall be maintained with a record of the conditional use. The planning administrator shall report such conditional uses issued in the biennial report submitted to the administrator of the National Flood Insurance Program. Section 25 That Section 65.600 (Appeal) of the Saint Paul Legislative Code is hereby repealed in its entirety. 15 �u` Jr,d $ 9/ -..9°-..6/ Section 26 That Section 65.650 (Modifications) of the Saint Paul Legislative Code is hereby amended to read as follows: Sec. 65.650. Modifications. (a) The planning commission is hereby authorized to *eeemmeild grant modifications to the provisions of this chapter where it appears that by reason of exceptional circumstances the strict enforcement of this chapter would cause undue hardship and strict conformity with the standards would be unreasonable, impractical and not feasible under the circumstances. The burden of proof shall rest with the applicant to demonstrate conclusively to the commission that such modification will not result in a hazard to life or property and will not adversely affect the safety, use or stability of a public way, slope or drainage channel, or the natural environment; such proof may include soils, geology and hydrology reports which shall be signed by registered professional engineers. Modifications granted by the planning commission shall be consistent with the general purposes of the standards contained in this chapter and state laws and the intent of applicable state and national lays and programs. Although modifications may be used to modify permissible methods of flood protection, no modification shall have the effect of allowing in any district uses prohibited in that district, permit a lower degree of flood protection than the flood protection elevation for the particular area, or permit a lesser degree of flood protection than required by state law. Appeals from the decision of the planning commission may be taken to the city council in accordance with Section 64.205 64.206. Applications for modification shall be filed together with the required fee with the planning administrator. (b) Notwithstanding any other provision of this river corridor code, modifications may be granted for the repair or rehabilitation of historic structures upon a determination that the repair or rehabilitation will not preclude the structure's continued designation as a historic structure, the modification is the minimum necessary to preserve the historic character and design of the structure and the repair or rehabilitation will not cause a significant increase in the height of the regional flood. (b)(c)A copy of the application for a modification shall be submitted to the commissioner of natural resources sufficiently in advance so that the commissioner will receive at least ten (10) days' notice of the planning commission hearing. A copy of all decisions granting modifications shall be forwarded to the commissioner of natural resources within ten (10) days of such action. Section 27 That Section 65.700 (Amendments) is hereby amended to read as follows: Section 65.700 Amendments 16 CYRICANAL (a) All amendments shall be made in the manner set forth in Minnesota Statutes, Section 462.357. The floodplain designations established by this chapter shall not be removed from floodplain areas unless it can be shown that the designation is in error or that the areas are filled to an elevation at or above the flood protection elevation and are contiguous to other lands lying outside the floodplain district. Special exceptions to this rule may be permitted by the commissioner of natural resources if he determines that, through other measure, lands are adequately protected for the intended use. All amendments shall be made in the manner set forth in Minnesota of natural resources and the Federal Insurance Administration for their approval prior to adoption by the city council. (b) All amendments to this Ordinance, including amendments to the River Corridor Overlay Districts maps, must be submitted to and approved by the Commissioner of Natural Resources prior to adoption. Changes to the RC-1 and RC-2 maps must meet the Federal Emergency Management Agency's (FEMA) Technical Conditions and Criteria and must receive prior FEMA approval before adoption. The Commissioner of Natural Resources must be given 10-days written notice of all hearings to consider an amendment to the Ordinance and said notice shall include a draft of the ordinance amendment or technical study under consideration. Section 28 That Section 65.800 of the Saint Paul Legislative Code is hereby added to read as follows: Section 65.800 Administration (a) Record of Elevation of Lowest Floor and Flood Proofing. The zoning administrator shall maintain a record of the elevation of the lowest floor (including basement) of all new structures, altered structures, or additions to existing structures in the flood plain. The zoning administrator shall also maintain a record of the elevation to which all new structures and alterations or additions to structures are flood proofed. (b) State and federal permits. Applicants for special condition use permits, modifications, and site plan review approval are responsible for obtaining all necessary state and federal permits. (c) Warning and Disclaimer of Liability. This ordinance does not imply that areas outside the flood plain districts or land uses permitted within such districts will be free from flooding or flood damages. This ordinance shall not create liability on the part of the City of Saint Paul or any officer or employee thereof for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made thereunder. 17 (d) Severability. If any section, clause, provision, or portion of this ordinance is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this ordinance shall not be affected thereby. Section 29 That Section 65.900 of the Saint Paul Legislative Code is hereby added to read as follows: Section 65.900 Floodplain non-conforming structures. Non-conforming use of structures and land and non-conforming structures shall be subject to the provisions of Section 62.102 and to the following regulations: (1) A structure 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: (a) No structure shall be expanded, changed, enlarged, or altered in a way which increases its nonconformity. (b) Any alteration or addition to a nonconforming structure which would result in increasing the flood damage potential of that structure or use shall be protected to the regulatory flood protection elevation in accordance with any of the elevation on fill or flood proofing techniques (i.e. , FP-1 through FP-4, flood proofing classifications) allowable in the State Building Code, except as further restricted in (c) below. (c) The cost of any structural alterations or additions to any nonconforming structure over the life of the structure shall not exceed 50 percent of the market value of the structure unless the conditions of this section are satisfied. The cost of all structural alterations and additions constructed since January 28, 1982, 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 Section 65.210 or 65.220 of this Ordinance for new structures depending upon whether the structure is in the Floodway or Flood Fringe, respectively. (d) When the use of a nonconforming structure is discontinued or ceases to exist for three hundred sixty-five (365) days, the nonconforming structure shall not thereafter be reused until the nonconforming structure is made conforming to the flood protection measures of this ordinance, unless the planning commission, pursuant to a public hearing, finds that the nonconforming 18 • NAL structure cannot reasonably or economically be made into a conforming structure and that reuse of the nonconforming structure is consistent with the public health, safety, morals, and general welfare of the community and is consistent with the reasonable use and enjoyment of adjacent property. (e) If any nonconforming 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 Ordinance. The applicable provisions for establishing new structures in Sections 65.210 or 65.220 will apply depending upon whether the structure is in the Floodway or Flood Fringe, respectively. Section 30 That Section 65.950 of the Saint Paul Legislative Code is hereby added to read as follows: Section 65.950. Areas Protected by Dikes, Levees, and Floodwalls Areas which the Federal Emergency Management Agency has removed from the floodplain through a revision to the Flood Insurance Rate Map or a Letter of Map Revision because the areas are protected by a dike, levee, or floodwall shall be exempt from the flood protection regulations of this code. Section 31 That Section 62. 102 (Nonconforming lots, nonconforming uses of land, non- conforming structures and nonconforming uses of structures and premises) subdivision (d) (2)Nonconforming structure with conforming use) is hereby amended to read as follows: (2) Should such structure be destroyed by any means to an extent of more than sixty (60) percent of its replacement cost, exclusive of the foundation, at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this code. In the case of the River COrridor, if any such structure is destroyed by any means to an extent of more than fifty (50) percent of its market value at the time of destruction, it shall not be reconstructed except in conformity with the provisions of the code. Section 32 That Section 62.102 (Non-conforming lots, nonconforming use of land, 19 nonconforming uses of structures and premises) subdivision (h) (Major alterations) is hereby repealed in its entirety. Section 33 That Section 64.205 (Divisions by the Board of Zoning Appeals) paragraph (e) is hereby added to read as follows: (e) A copy of administrative appeals concerning the River Corridor Districts shall be submitted to the commissioner of natural resources sufficiently in advance so that the commissioner will receive at least ten (10) days notice of the board's hearing. A copy of all decisions granting administrative appeals shall be forwarded to the commissioner of natural resources within ten (10) days of such action. Section 34 That Section 64.101 (Duties of Zoning Administrator) paragraph (e) of the Saint Paul Legislative Code is hereby repealed in its entirety. Section 35 That Section 67.504 (Drainage and storm sewers) subdivision (f) Areas of poor drainage of the Saint Paul Legislative Code be amended so as to add the following new clause (5) thereto: (5) For all subdivisions in the RC-1 Floodway District and RC-2 Flood Fringe District: (a) The subdivision and the individual lots shall have road access no lower than two (2) feet below the regulation flood protection elevation. (b) The floodway and flood fringe district boundaries, the regulatory flood protection elevation and the required elevation of all access roads shall be clearly labeled on all required subdivision drawings and documents. (c) The Federal Emergency Management Agency (FEMA) has established criteria for removing the special flood hazard area for certain structures properly elevated on fill above the 100-year flood elevations. 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. 20 INIAL Section 36 That Section 65.233 (Standards for urban open uses) is hereby amended by adding new subdivision (d) to read as follows: Section 65.233. Standards for urban open uses. (a) Development shall be limited to forty (40) feet in height. (b) The development of new and expansion of existing commercial and industrial uses shall only be on lands which are on the landward side of blufflines. (c) Mining and extraction operations shall not be permitted. (d) No use shall be permitted which is likely to cause pollution of water, as defined in Minnesota Statutes. Section 115.01. unless adequate safeguards. approved by the state pollution control agency. are provided. Section 37 That Section 65.243 is re-numbered to 65.244 and a new Section 65.243 is added to read as follows: Section 65.243. Standards for urban diversified uses. No use shall be permitted which is likely to cause pollution of waters, as defined in Minnesota Statutes, Section 115.01, unless adequate safeguards, approved by the state pollution control agency, are provided. Section 38 That the River Corridor Overlay Zoning District maps, as incorporated by reference in Section 65.102 of the Saint Paul Legislative Code, are hereby amended to rezone the Waste Treatment Plant site from RC-4 to RC-2, as shown on Maps 12, 15, 16, and 18, and to rezone a half-moon shaped portion of the Island Station property from RC-4 to RC-2, as shown on Map 7, which maps accompany and are a part of this ordinance. 21 Section 39 This ordinance shall take effect and be in force thirty (30) days from and after its passage, approval, and publication. 22 Yeas Nays Absent Requested by Department of: Dimond Goswitz Long Maccabee Rettman Thune Wilson By: Adopted by Council: ,ate Form App oved by City Attorney Adoption Certified •y Council Secretary By: By: Approved by Mayor for Submission to Council Approved by M- or: Date By: By: ., . illIllIllIlliIlIlIll■■-- TO CITY COUNCIL COMMITTEE: (2/P9,/- 3/ ❑ FINANCE, MANAGEMENT& PERSONNEL N? 1®2 3 7 GREEN SHEET 1:1 HOUSING&ECONOMIC DEVELOPMENT ///��� NITIAL/DATE NITIAL/DATE {(, DEPARTMENT DIRECTOR CITY COUNCIL �J CITY ATTORNEY 4 I CITY CLERK El HOUSING&REDEVELOPMENT AUTHORITY v\.\ BUDGET DIRECTOR I I FINN MGT.SERVICES DIR. MAYOR(OR ASSISTANT) ❑ HUMAN SERVICES,REGULATED INDUSTRIES, �� AND RULES AND POLICY ONS FOR SIGNATURE) ❑ INTERGOVERNMENTAL RELATIONS 1-". (:11 NEIGHBORHOOD SERVICES tEC 2—1 1n0 PUBLIC WORKS, UTILITIES &TRANSPORTATION RVICE CONTRACTS MUST ANSWER THE FOL OW 1lii,: UESTIONS: son/firm ever worked under a contra4;ia;:lthi department? 3 NO ❑ ACTION son/firm ever been a city employee? 3 NO ❑ OTHER arson/firm possess a skill not normally possessed by any current city employee? S NO answers on separate sheet and attach to green sheet DATE _ A 91 apartment of Natural Resources require FROM �I ‘111.. il I ADVANTAGES IF APPROVED: City will have up-dated floodplain regulations. 6. DISADVANTAGES IF APPROVED: None. Council Re se^rch Center- UL a 1 1Y u DISADVANTAGES IF NOT APPROVED: City landowners in floodplain could lose flood insurance. RECE'VE® RECEIVED DEC 2 6 1990 MAR 19 1991 MAYOR'S OFFiCE CITY CLERK TOTAL AMOUNT OF TRANSACTION $ COST/REVENUE BUDGETED(CIRCLE ONE) YES NO FUNDING SOURCE ACTIVITY NUMBER FIN NCIN,i,INFORMATION:(EXPLAIN) '\f Y • i NOTE: COMPLETE DIRECTIONS ARE INCLUDED IN THE GREEN SHEET INSTRUCTIONAL MANUAL AVAILABLE IN THE PURCHASING OFFICE (PHONE NO. 298-4225). ROUTING ORDER: Below are correct routings for the five most frequent types of documents: CONTRACTS (assumes authorized budget exists) COUNCIL RESOLUTION (Amend Budgets/Accept. Grants) 1. Outside Agency 1. Department Director 2. Department Director 2. City Attorney 3. City Attorney 3. Budget Director 4. Mayor(for contracts over$15,000) 4. Mayor/Assistant 5. Human Rights (for contracts over$50,000) 5. City Council 6. Finance and Management Services Director 6. Chief Accountant, Finance and Management Services 7. Finance Accounting ADMINISTRATIVE ORDERS(Budget Revision) COUNCIL RESOLUTION (all others, and Ordinances) 1. Activity Manager 1. Department Director 2. Department Accountant 2. City Attorney 3. Department Director 3. Mayor Assistant 4. Budget Director 4. City Council 5. City Clerk 6. Chief Accountant, Finance and Management Services ADMINISTRATIVE ORDERS (all others) 1. Department Director 2. City Attorney 3. Finance and Management Services Director 4. City Clerk 0 TOTAL NUMBER OF SIGNATURE PAGES Indicate the#of pages on which signatures are required and paperclip or flag each of these pages. ACTION REQUESTED Describe what the project/request seeks to accomplish in either chronologi- cal order or order of importance, whichever is most appropriate for the issue. Do not write complete sentences. Begin each item in your list with a verb. RECOMMENDATIONS Complete if the issue in question has been presented before any body, public or private. SUPPORTS WHICH COUNCIL OBJECTIVE? Indicate which Council objective(s) your project/request supports by listing the key word(s) (HOUSING, RECREATION, NEIGHBORHOODS, ECONOMIC DEVELOPMENT, BUDGET, SEWER SEPARATION). (SEE COMPLETE LIST IN INSTRUCTIONAL MANUAL.) PERSONAL SERVICE CONTRACTS: This information will be used to determine the city's liability for workers compensation claims, taxes and proper civil service hiring rules. INITIATING PROBLEM, ISSUE, OPPORTUNITY Explain the situation or conditions that created a need for your project or request. ADVANTAGES IF APPROVED Indicate whether this is simply an annual budget procedure required by law/ charter or whether there are specific ways in which the City of Saint Paul and its citizens will benefit from this project/action. DISADVANTAGES IF APPROVED What negative effects or major changes to existing or past processes might this project/request produce if it is passed (e.g., traffic delays, noise, tax increases or assessments)?To Whom?When? For how long? DISADVANTAGES IF NOT APPROVED What will be the negative consequences if the promised action is not approved? Inability to deliver service?Continued high traffic, noise, accident rate? Loss of revenue? FINANCIAL IMPACT Although you must tailor the information you provide here to the issue you are addressing, in general you must answer two questions: How much is it going to cost?Who is going to pay? 9. 4/30/91 FINAL ORDER: Acquiring permanent utility APPROVED 4-0 easements under and across part of Lots 13 & 14, Block 2, Lane Norton Addition. Part of the Cleveland/Magoffin Area Storm Sewer Project. (Laid over in Committee 4/17/91) 10. FIRST RE ING - 91-531 - An ordinance amending APPROVED AS Chapter 60, 62, 64, 65 and 67 of the Legislative AMENDED 4-0 Code pertaining to the zoning code regarding the River Corridor. (Referred to Committee 3/26/91 ; Laid over in committee 4/17/91) 11 . RESOLUTION - 90-199 - Denying increase of LAID OVER District Energy hot water rates. (Referred to TO 5/20/91 Committee 2/5/91;—Laid over in Committee 2/20/91, 3/20/91 , 4/3/91, 4/17/91) 44.4.y1S 7 O�r�+(•. ...�- 4 Y 'i�C-It ti iN �- ; CITY OF SAINT PAUL Members: v OFFICE OF THE CITY COUNCIL Roger J.Goswitz,chair David Thune,vice chair RECEIVED Tom Dimond Bob Long Date: May 1, 1991 MAY 01 1991 Committee Report CITY CLERK To: Saint Paul City Council From: Public Works, utilities, and Transportation Committee Roger J. Goswitz, Chair Hearing Date ACTION Approval of Minutes of April 17, 1991 APPROVED 1 . 5/7/91 FINAL ORDER: Sidewalk reconstruction on the APPROVED 3-0 South side of Summit from Ramsey Street to approximately 70 feet east of the extended line of Nina Street. (File S9126) 2. 5/7/91 RATIFICATION OF ASSESSMENTS: For sidewalk APPROVED 4-0 reconstruction (work completed 1990 construction season) at the following locations: S8914 South side Front Ave. from N. Western Ave. to Arundel St. ; S8915 Both sides W. Lawson Ave. from Rice St. to Park Street; S8917 East side Arundel St. from Holly Ave. to Ashland Ave. ; S8918 Both sides Marshall Ave. from Kent St. to N. Dale Street; S8919 North side Thomas Ave. from Virginia St. to N. Western Ave. ; S8920 East side N. Victoria from St. Anthony to W. Central ; South side W. Central from N. Victoria to N. Avon; West side N. Avon from St. Anthony to W. Central and North side St. Anthony from N. Avon to Victoria with Integral Curb. (Maxfield Elementary School Site) S8924 Both sides Charles Avenue from N. Milton St. to N. Chatsworth St. ; S8926 Both sides Laurel Ave. from N. Pascal St. to N. Saratoga St. ; S8929 South side Priscilla St. from Raymond Ave. to Gibbs Ave. ; S8930 Both sides Lafond Ave. from N. Hamline to N. Albert St. ; S8931 Both sides Alameda St. from W. Arlington to W. Nebraska Ave. ; S8932 Both sides N. Avon St. from W. Wheelock Parkway to W. 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II= ' ■- ._ ----... _ h _ ♦ ,� a c------\ `` 1r.- �111� C ,mEun u, �_s� O O O o ,1\`\\\`.� 1 ��— - \ie.� S�\ .. , , veoE?•=•, iii U v I m N u X11, Pis!, -5-•'-',N:,4 � =11111� ♦ . r_ N N s 11 _ • w �_�� _ ! luwi i w KIWI iiin,:IN .. I�i���S. '• d;_� IIIYNI 4.II pL,'llll... 1_ir_ ■I %1111111°,Illiuuq/� -111 ■ i ,� .,, . �l '® _ ®i1 11�"' ale ;�lil�l�u� *`� ,i s ! 1l I .. ., ... . „......s4, 6.,,,-, :, _, , ®, = ■ ms --N Council File I ORIGINAL Green Sheet # / J 7 RESOLUTION C TY INT PAUL, MINNESOTA. P esented = 111 rred To ", L-tJ Z/J';i± L' Committee: Date a-2 j` 9/ ZONING CODE AMENDMENTS An ordinance ame.ding Chapters 60, 62, 64, 65, and 67 of the Saint Paul Legislative Code pertaining to the Zoning Code regarding the Rive Corridor. The council of the ci y of Saint Paul does ordain: Section 1 That Section 60. 202 B of t,e Saint Paul Legislative Code be amended so as to add the following new definition thereto: Basement (River Corridor Dist ict only) . Any area of a structure having its floor subgrade (bel•w ground level) on all four sides. Secti•n 2 That Section 60.206 F of the Saint Paul Legislative Code be amended so as to add the following 'ew definition thereto: Flood. A temporary increase in the low or stage of a stream or in the stage of a wetland or lake that] results in the inundation of normally dry areas. Section 3 That Section 60. 208 H of the Saint Paul L islative Code be amended so as to add the following: Historic Structure (River Corridor District\ nly) . Any structure that is: (a) Listed individually in the National Register of Historic Places (a listing maintained by the Depar ment of Interior) or preliminarily determined by the Secreta y of the Interior as meeting the requirements for in ividual listing on the National Register; (b) Certified or preliminarily determined by the Se retary of the Interior as contributing to the historical significance of a registered historic district or a district prelimin- ORIGINAL 7,7_79/4A / arily determined by the Secretary to qualify as a registered historic district; or (c) Designated by the City as a heritage preservation site. Section 4 That Section 60.215 0 of the Saint Paul Legislative Code be amended so a to add the following new definition thereto: Obstruction (River Corridor District only) . Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel modification, culvert, building, wire, fence, stockpile, refuse, fill, structure, or matter in, along, across, or projecting into any channel, watercourse, or regulatory flood plain which may impede, retard, or change the direction of the flow of water, either by itself or by catching or collecting debris carried by such water. Section 5 That Section 60. 218 R of the Saint Paul Legislative Code be amended so as to add the following definition thereto: 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. SECTION 6 That Section 65. 101 (Intent) of the Saint Paul Legislative Code is hereby amended to read as follows: Sec. 65. 101. Intent and Purpose: The River Corridor District and its subclassifications. RC-1, RC-2, RC-3 and RC-4 are map overlay districts, designed to provide comprehensive floodplain and river bluff management for the City of Saint Paul in accordance with the policies of Minnesota Statutes (Chapters 104 and 116G) , Minnesota Regulations (MEQC 54 and Governor's Executive Order No. 79-19. It's the purpose of the chapter: 1. To protect and preserve the Mississippi River Corridor as a unique and valuable resource for the benefit of the health, safety, and welfare of the citizens Of the city and the state; 2 . To prevent and mitigate irreversible damage to the Mississippi River Corridor; 2 ORIGINAL �� j-5 3 . To protect and preserve the Mississippi River Corridor as an essential element in the federal, state, regional and local recreation, transportation, sewer and water systems; 4. To maintain the River Corridor's value and utility for residential, commercial, industrial and public purposes; 5. To protect and preserve the Saint Paul Mississippi River Corridor's biological and ecological functions; 6. To preserve and enhance the Saint Paul Mississippi River Corridor's aesthetic, cultural , scientific and historic functions; 7. To guide development of the floodplain so as to minimize loss of life, threats to health, and private and public economic loss caused by flooding. Section 7 That Section 65. 102 (Establishment) Subdivision (a) of the Saint Paul Legislative Co a is hereby repealed in its entirety and the following adopted in place thereof: (a) This ordinance shall apply to all lands within the city of Saint Paul shown on the river corridor overlay zoning district maps as being located within the boundaries of the RC-1 River Corridor Floodway District, RC-2 River Corridor Flood Fringe District, RC-3 River Corridor Urban Open Space District, and RC-4 River Corridor Urban Diversified District. 'Section 8 1 That Section 65. 102 (Establishment) of the Saint Paul Legislative Code be amended so as to add the following new subdivision (b) thereto, to renumber present Subdivision (b) to be Subdivision (c) , and to amend new Subdivision (c) to read as follows: (b) The twenty-one (21) River Corridor Overlay Zoning Districts Maps, dated July 6, 1987 , together with all matters attached thereto, are hereby adopted by reference and made a part of this code as if the matters and information set forth therein were fully described herein. The attached material shall include: (1) the Flood Insurance Study for the city of Saint Paul prepared by the Federal Insurance Administration dated August 3 , 989 ; (2) the Flood Insurance Rate Map, dated August' 3 , 1989 ; and (3) four (4) maps entitled River Corridor Floodway District, dated July 6, 1987. 3 ORIGINAL Y-9"-53.E (c) (b)Within these districts all uses not allowed as permitted uses or as permitted uses subject to special conditions shall be and are hereby prohibited. Legal nonconforming structures or uses existing on the effective date of this chapter or amendment thereto will be permitted to continue as provided in Section 62 . 102 and section 65. 900. Section 9 That Section 65. 103 (Compliance) subdivisions (c) and (d) are hereby repealed in their entirety and the following new subdivisions (c) and (d) are adopted in place thereof: (c) A site plan shall be submitted to and approved by the planning commission in accordance with Section 62 . 108 before a permit is issued for any development on property wholly or partially located within the River Corridor District. For any development, in the RC-1 and RC-2 districts, the site plan shall inclt ie the regulatory flood protection elevation; the proposed elevation of fill; the proposed elevation of the lowest floor of new structures, altered structures, and additions to existing structures; and the proposed elevation to which structures will be floodproofed. (d) Certification. Before a certificate of occupancy is issued for any development in the RC-1 and RC-2 districts, the applicant shall submit the zoning administrator certification by a registered professional engineer, registered architect, registered landscape architect, or registered land surveyor that the finished fill and building elevations were accomplished in compliance with the provisions of this ordinance. Finished fill and building elevations shall be verified by ground surveys. Flood-proofing measures shal be certified by a registered professional engineer or regi tered architect. Section 1 That Section 65. 211 of the Saint Paul\jegislative Code is hereby amended to read as follows: Sec. 65. 211. Principal uses permitted. The following uses shall be permitted within the RC-1 Floodway District to the extent that they are not prohibited by any other provision of the zoning code or other ordinances. anal-provided that-they-have-a-law-f lead-damage-petentlal--will-net-materially ebstruet-fleed-€laws-er-lnerease-veleeities-er-stages-e€-the regonal-€lead;-and-ale-net-require-struetures;-fill--sterage-of materials-er-sterage-ef-equpment.- The uses are subject to the conditions of the underlying zoning district, to the Standards For Floodway Permitted Uses, Section 65. 212 , and to the River Corridor Standards and Criteria, Section 65. 400. 4 ORIGINAL 6,c-9/-5 (1) Nonstructural industrial and commercial uses, such as open-loading areas, parking areas, interior service roads, airport service roads and airport runways. (2) Public and private recreational uses such as golf courses, tennis courts, driving ranges, archery ranges, picnic and camp grounds, boat launching and beaching areas or ramps, swimming areas, parks, playgrounds, wildlife and nature reserves, game farms, fish hatcheries, and hiking, bicycling, horseback or recreational vehicle areas and t . ils, and other open space uses. (3) Acc- sory residential uses such as lawns, gardens, parking area- and play areas. (b) -additon;-ne-permitted-use-Within-the-Fleedwap Bi riot-shall-adversely-affect-the-hydraulc-eapaeity of e-ehannei-er-fieedway-er-and*-tributary-te-the-man strew .-er-of-any-ditch-er-ether-drainage-faclity-or syste , -and-ne-use-shall-be-permitted-Which- s-likely te-eau- - -peliutien-ef-Waters,--as-defined- n-Minnesota Statute --Seeten-ii57917-unless-adequate-safeguards7 appreved .y-the-state-polluton-eentrei-agenep--are provided- (e) Permitted-u es-are-subj.eet-te-applieabie-standards-in Seetien-6574:8-et-seq7 Section 11 That Section 65. 212 (Princk•al uses permitted subject to special conditions) of the Saint Pad Legislative Code is hereby repealed in its entirety and the follawing adopted in place thereof: Section 65. 212 Standard For Floodway Permitted Uses Permitted uses in the Floodway District are subject to the following standards: (1) The use shall not obstruct fl.od flows or increase flood elevations and shall not invo .ve structures, fill, obstruction, excavations, or s , orage of materials or equipment. (2) The use shall have a low flood dmage potential . (3) The use shall not adversely affect the hydraulic capacity of the channel or floodway or any tributary to the main stream or of any ditch or other drainage facility or system. (4) No use shall be permitted which is likely to cause pollution of waters, as defined in Minnesota Statutes, Section 115. 01, unless adequate safeguards, approved by the state pollution control agency, are provided. 5 ORIGINAL Section 12 That Section 65.213 (Standards for floodway conditions uses) of the Saint Paul Legislative Code is hereby repealed in its entirety and the following adopted in place thereof: Section 65. 213 Permitted Uses Subject To Special Conditions The following uses shall be permitted within the RC-1 Floodway Distri t to the extent they are not prohibited by any other provisi• of the zoning code or other ordinances. The uses shall be permit ed only upon the application and issuance of a conditiona use permit by the planning commission. The uses are subject to se conditions of the underlying zoning district, to the Standards for Floodway Conditions Uses, Section 65.214, and to the River Corridor Standards and Criteria, Section 65.400. (1) Railroads, ighways, streets, alleys, access roads, bridges, sewers, util ties, utility transmission lines, and pipe lines. (2) Marinas, boat r=ntals, docks, piers, mooring anchors, wharves, water control structures, and navigation facilities. (3) Storage yards or a -as for equipment, machinery or bulk materials. (4) Structures accessory •• permitted uses, Section 65. 212 , or conditional uses of this section. (5) Placement of fill. (6) Structural works for floc), control such as levees, dikes, and floodwalls constructed ' o any height where the intent is to protect individual struc res. Section 3 That Section 65.214 of the Saint Paul Legislative Code is hereby added to read as follows: Section 65.214 Standards For Flood ay Conditional Uses. Conditional uses in the Floodway Distric• are subject to the following standards: (1) No structure, (temporary or permanent) fill deposit, (including fill for roads and levees) , •bstruction, storage of materials or equipment, or other use nay be allowed which will cause an increase in the height of the regional flood or cause an increase in flood damages in the reach or reaches affected. 6 ORIGINAL 6CV-5g / (2) Fill shall be protected from erosion by vegetative cover, mulching, riprap, or other acceptable method. (3) accessory structures shall not be designed for human habitation. (4) Accessory structures shall be constructed and placed on the building site so as to offer the minimum obstruction to the flow o flood waters. a. When ver possible, structures shall be constructed with the 1 ngitudinal axis parallel to the direction of flood ow, and, b. So far a practicable, structures shall be placed approximately on the same flood flow lines as those of adjoining structures. (5) All 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 accessory structures shall be no lower than one (1) foot below the regulatory flood protection elevation and the fill Shall extend at such elevation at least fifteen (15) feet beyond the outside limits of the structure erected thereon, (6) As an alternative to elevation on fill, accessory structures may be structurally dry flo proofed in accordance with the FP-1 or FP-2 flood proofing lassification in the State Building Code or flood proofed to the FP-3 or F -4 flood proofing classification in the State 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 proofed accessory structures must meet the following additional standards, as appropriate: a. The structure must be adequatel anchored to prevent flotation, collapse or lateral m vement of the structure and shall be designed to equalize hydrostatic flood forces on exterior walls; and b. Any mechanical and utility equipme t in a structure must be elevated to or above the re latory flood protection elevation or properly fl od proofed. (7) Storage of materials or equipment may be lowed if readily removable from the area within the time av ilable after a flood warning and in accordance with a pla approved by the planning commission. 7 ORIGINAL (8) 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 Minnesota Statute, Chapter 105. Community-wide structural works for flood control intended to remove areas from the egulatory flood plain shall not be allowed in the floodway. (9) A vee, dike or floodwall constructed in the floodway shall not ause an increase to the regional flood and the techn'cal analysis must assume equal conveyance or storage loss o both sides of a stream. (10) No use s all be permitted which is likely to cause pollution of waters\ as defined in Minnesota Statutes, Section 115.01, unless ade ate safeguards, approved by the state pollution control ag- cy, are provided. Section 14 That Section 65.221, (Principal uses permitted) , of the Saint Paul Legislative Code is hereby repealed in its entirety and the following adopted in • ace thereof: Section 65.221 Principal Uses Permitted Permitted uses in the RC-• Flood Fringe District shall be those uses of land or structures listed as permitted uses in the underlying zoning district, except that mining, extraction operations, the disposal of waste materials, and landfills, shall not be permitted. The uses . re subject to the conditions of the underlying zoning district, t• the Standards for Flood Fringe Permitted Uses, Section 65.22 to the Standards for All Flood Fringe Uses, Section 65.225, a d River Corridor Standards and Criteria, Section 65. 400. Secti n 15 That Section 65.222, (Standards f r flood fringe uses) , is hereby repealed in its entirety and the f llowing adopted in place thereof: Section 65.222 Standards For Fl d Fringe Permitted Uses. Permitted uses in the Flood Fringe Di trict are subject to the following standards: (1) All structures, including accessozky structures, must be elevated on fill so that the lowest floor including basement floor is at or above the regulator flood protection elevation. The finished fill elev4ion for structures shall be no lower than one (1) foot below the regulatory flood protection elevation and the fill stall extend at such elevation at least fifteen (15) feet\ beyond the outside limits of the structure erected thergon. 8 ORIGINAL ?,,,,,,,---,a/ (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 Section 65.214 (6) . (3) \ The cumulative placement of fill where at any one time in cess of one-thousand (1, 000) cubic yards of fill is to ted on the parcel shall be allowable only as a Con 'tional Use, unless said fill is specifically intended to el vate a structure in accordance with subdivision (1) of this se tion. (4) The stora a of any materials or equipment shall be elevated on fill to'. the regulatory flood protection elevation. Section 16 That Section 65.223,.. (Principal uses permitted subject to special conditions) , is here repealed in its entirety and the following adopted in place they of: \ Section 65.223 Principal Uses Pe l 'tted Subject To Special Conditions. The following uses shall b: permitted within the RC-2 Flood Fringe District to the exte ,t they are not prohibited by any other provision of the zoning code or other ordinances, except that mining, extraction opera ions, the disposal of waste materials, and landfills shall not be permitted. The use shall be permitted only upon the app ►ication and issuance of a conditional use permit by the p anning commission. The uses are subject to the conditions of the underlying zoning district, to the Standards for Flood Fringe C. ditional Uses, Section 65.224, to the Standards for All Flood Fr nge Uses, Section 65.225, and to the River Corridor Standards an. Criteria Section 65.400. (1) Any structure that is not elevated on fill or flood proofed in accordance with Section 65.2. 2 (1) or (2) . (2) Any use of land that does not co 'ply with the standards in Section 65.222 (3) or (4) . (3) Sewage treatment plants. Section 17 That Section 65.224 , (Standards for flood fringe conditional uses) , of the Saint Paul Legislative Code is hereby added to read as follows: Section 65. 224 Standards For Flood Frin a Conditional Uses. 9 ORIGINAL Co•ditional uses in the Flood Fringe District are subject to the fol ',wing conditions: (1) Alternative elevation methods other than the use of fill may be tilized to elevate a structure's lowest floor above the re• atory flood protection elevation. These alternative metho•'s may include the use of stilts, pilings, parallel walls, or above-grade, enclosed areas such as crawl spaces or tuck under garages. The base or floor of an enclosed area sha be considered above-grade and not a structure's basement • lowest floor if: 1) the enclosed area is above-grad- on at least one side of the structure; 2) is designed to 'nternally flood and is constructed with flood resistant ma -rials; and 3) is used solely for parking of vehicles, bui • ing access or storage. The above-noted alternative el=vation methods are subject to the following additional standards: a. Design and Certification. The structure's design and as-built cond'tion must be certified by a registered professional e.gineer or architect as being in compliance with the general design standards of the State Building •de and, specifically, that all electrical, heats g, ventilation, plumbing and air conditioning equi•ment 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 fo Above-grade, Enclosed Areas. Above-grade, fully enclosed areas such as crawl spaces or tuck under garages mist be designed to internally flood and the design pla s must stipulate: i. The minimum area of •penings in the walls where internal flooding is to be used as a flood proofing technique. en openings are placed in a structure's walls to •, ovide for entry of flood waters to equalize pre- sures, the bottom of all openings shall be no hither than one-foot above grade. Openings may be equipped with screens, louvers, valves, or othe, coverings or devices provided that they permit the automatic entry and exit of flood waters. ii. That the enclosed area wil be designed of flood resistant materials in acc,'rdance with the FP-3 or FP-4 classifications in the State Building Code and shall be used solely fo building access, parking of vehicles or stor-ge. (2) Basements, as defined by Section 60.20 . B for this river corridor code, shall be subject to the following: 10 ORIGINAL ' a. Residential basement construction shall not be 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 and flood proofed in accordance with subdivision (3) of this section. (3) All a'as of non-residential structures including basements to be p aced below the regulatory flood protection elevation shall be tructurally dry flood proofed in accordance with the FP-1 FP-2 flood proofing classifications in the State Building C e. This shall require making the structure watertight kith the walls substantially impermeable to the passage of water and with structural components having the capability of \resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. Structures flood proofed to the FP-3 or FP-4 classification shall not be permitted. (4) When at any one t\me more than 1, 000 cubic yards of fill is located on a parcel, for such activities as landscaping, roads, or construction of flood control works, an erosion/sedimentatio control plan must be submitted. The plan must clearly spe ify methods to be used to stabilize the fill on site for a regional flood event. The plan must be prepared and certifi d by a registered professional engineer or other quali ied individual acceptable to the planning commission. (5) Structures may be constru ted below the regulatory flood protection elevation provi ed they are protected from 100-year floods by a dike, evee, or floodwall. (6) Storage of material and equi ment shall be subject to the following: a. Storage of materials or ipment, including materials that are flammable, exploive, or potentially injurious to human, animal, or plant life, may be allowed if: (i) readily removable fipm the area within the time available after a fl od warning system and in accordance with a pla approved by the planning commission; or (ii) flood-proofed accordin to the state building code; or (iii) elevated above the regu atory, flood protection elevation by alternativ methods which meets the requirements of Section 5.224 (1) ; or (iv) protected by a dike, lev e, or floodwall. 11 ORIGINAL %-1/-.2W b. Storage of bulk materials may be allowed provided an erosion/sedimentation control plan is submitted which clearly specifies methods to be used to stabilize the materials on site for a regional flood event. The plan must be prepared and certified by a registered professional engineer or other qualified individual acceptable to the planning commission. (7) No new construction, addition or modification to existing sew-`e treatment plants shall be permitted within the floo. .lain unless emergency plans and procedures for action to be aken in the event of flooding are prepared, filed with an,' approved by the Minnesota Pollution Control Agency. The emergency plans and procedures must provide for measures to prevent introduction of any pollutant or toxic material into the floodwaters. Section 18 That Section 65. 225, (Standards for all flood fringe uses) , of the Saint Paul Legis ative Code is hereby added to read as follows: Section 65. 225 Standards For All Flood Fringe Uses. All uses in the Flood Fringe District are subject to the follow- ing standards: (1) All new principal structures must have vehicular access at or above an elevation not more than two (2) feet below the regulatory flood protec ion elevation. If a modifications to this requirement is g anted, the planning commission must specify limitations on t e period of use or occupancy of the structure for times of fl oding and only after determining that adequate flood warnir time and local flood emergency response procedures exists (2) Commercial Uses. Accessory land uses, such as yards, railroad tracks, and parkin lots may be at elevations lower than the regulatory flood pr tection elevation. However, a permit for such facilities t be used by the employees or the general public shall not e granted in the absence of a flood warning system that pro ides adequate time for evacuation if the area would e inundated to a depth greater than two (2) feet or be subjec to flood velocities greater than four (4) feet per second pon occurrence of the regional flood. (3) Manufacturing and Industrial Us s. Measures shall be taken to minimize interference with n al plant operations. Certain accessory land uses such as yards and parking lots 12 Yy,_53 / ORIGINAL may be at lower elevation subject to requirements set out in subdivision (2) 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. (4) Fill shall be properly compacted and the slopes shall be properly protected by the use of riprap, vegetative cover or other acceptable method. The Federal Emergency Management Agery (FEMA) has established criteria for removing the spec' l 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 preparatio if a change of special flood hazard area designation\will be requested. (5) Flood plain developments shall not adversely affect the hydraulic capacity of the channel and adjoining flood plain of any tributary watercourse or drainage system where a floodway or other enroachment limit has not been specified on the official zoning map. (6) Manufactured homes\must meet all the density, setback, and other requirements for residential use of the zoning code and all requirement of the housing and building code. Travel trailers shal not be used for living quarters. (7) No use shall be permit ed which is likely to cause pollution of waters, as defined Minnesota Statutes, Section 115. 01, unless adequate safeguards, approved by the state pollution control agency, are provided. Section 19 That Section 65.300, (Public Utilities, Railroads, Roads, and Bridges) , is hereby added to read as follows: Article III. 65. 300 Public Utilities, Railroads, Roads, and Bridges Section 65. 301 Public utilities, railroads, roads, and bridges. (1) Public Utilities. All public utilities and facilities such as gas, electrical, sewer, and water supply systems to be located in the flood plain shall be flood-proofed in accordance with the State Building Code or elevated to above the regulatory flood protection elevation. (2) Public Transportation Facilities. Railroad tracks, roads, and bridges to be located within the flood plain shall comply with Sections 65. 210 and 65. 220 of this Ordinance. 13 ORIGINAL (),F17- ,9.-3 / Elevation to the regulatory flood Protection Elevation may be required by the planning commission where failure or interruption 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 railroads may be constructed at a lower elevation where failure or interruption of transportation services would not endanger he public health or safety. (3) O site Sewage Treatment and Water Supply Systems. Where pub is utilities are not provided: 1) On-site water supply syst ms must be designed to minimize or eliminate infil ration of flood waters into the systems; and 2) new or replac went on-site sewage treatment systems must be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters and they shall not be subject to impairment or contamination during times of flooding. Any sewage treatment system designed in accordance with the State's current statewide standards for on-site sewage treatment systems shall``be determined to be in compliance with this Section. \ Section 20 That Section 65.411 (Protection of shorelands, wetlands and bluffs) subdivisions (b)\(2) (placement of structures) and (c) (3) (grading and filling) are, hereby repealed in their entirety. Section 21 That Section 65. 413 (Protecti n of water quality) subdivision (c) (7) is hereby added to rea as follows: (7) Plans shall be submitted t the planning commission for any development placed landwar from dikes, floodwalls, or levees which is below the f ood protection elevation of the dikes, floodwalls or levees. The plans must provide measures to ensure that floo aters do not back up onto the development from storm water rainage systems. SectiO i 22 That Section 65. 506 (Subject to appeal) of the Saint Paul Legislative Code is hereby amended to read as follows: Section 65. 506. Subject to appeal. All decisions by the planning commission or planning admini- strator granting or denying a conditions use permit shall be final subject to appeal to the city council as-euti4ned herein- in accordance with Section 64 . 206. 14 ORIGINAL Section 23 That Section 65.501 (Application) of the Saint Paul Legislative Co a is hereby amended to read as follows: Section 65.501. Application. Conditional use permits shall be issued by the planning commissio except that the planning commission may delegate authority • issue conditional use permits to the planning administrato according to rules which the commission may prescribe. S,ch rules will be filed with the office of the city clerk. Applic.tions shall be submitted to the planning administrator t•sether with application fee in the amount determined by th- city council. Upon receipt of an application, the planning admi ' strator shall determine whether to require any or all of the foil• ing-four-{4} six (6) items of information supplied by the app 'cant as a prerequisite to the consideration of the application: (1) Plans in triplicat drawn to scale prepared by and signed by a registered engine:r, architect and/or land surveyor as applicable, showing he nature, location, dimensions and elevation of the lane • existing surface contours, structures, streets a • utilities; proposed surface contours, structures, 'll and the location and elevations of proposed streets, water supply, sanitary facilities and other utilities showing he relationship of the above to the channel and to the design,ted River Corridor District limits. (2) Specifications for building construction and materials, flood-proofing, filling, dre•ging, grading, channel improvements, storage of mat= ials, water supply, and sanitary facilities. fB}(3)Typical valley cross-sections of areas to be occupied by the proposed development showing the channel of the stream, elevation of land areas, high wa, er information, vegetation and soil types. {3}(4) Plan (surface view) of the propo-ed development showing the proposed use or uses of the area a ,d structures and providing location, relationships - d spatial arrangements of those uses and related structure to pertinent elevations, fill, storage location, tilities and other features_ f4}(5) Profile showing the slope of the bo om of the channel and flow lines of the stream. 15 ORGINAL Cr (6) A written evaluation by a registered engineer or other expert person or agency of the proposed project in relationship to flood heights and velocities, the seriousness of flood damage to the use, the adequacy of plans for flood protection, and other technical matters. .\ Section 24 That Section 65. 509 of the Saint Paul Legislative Code is hereby added to read as follows: Sect n 65. 509 Notice of increased insurance costs. The planning a inistrator shall notify all applicants who propose to construct a structure, other than an accessory structure, below the regulatory flood protection elevation, as specified in Sections 65. 224 (1) , (2) , or (3) that: 1) The issuance f a conditional use permit to construct a structure below the regulatory flood protection elevation will result in increased premium rates for flood insurance up to amounts as high as $ for $100 of insurance coverage and 2) such construction below the regulatory flood protection elevation increases risks to lif and property. Such notification shall be maintained with a reco of the conditional use. The planning administrator shall rep rt such conditional uses issued in the biennial report submitted to the administrator of the National Flood Insurance Program. \Section 25 That Section 65. 600 (Appeal) of the Saint Paul Legislative Code is hereby repealed in its en 'rety. Sec ion 26 That Section 65. 650 (Modificati• s) of the Saint Paul Legislative Code is hereby amended to read a follows: Sec. 65. 650. Modifications. (a) The planning commission is he eby authorized to reeemmend grant modifications to the previsions of this chapter where it appears that by reason of e ceptional circumstances the strict enforcement of this chanter would cause undue hardship and strict conformity with the standards would be unreasonable, impractical and net feasible under the circumstances. The burden of p oof shall rest with the applicant to demonstrate conclu-ively to the commission that such modification will not result in a hazard to life or property and will not adversely affect the safety, use or 16 ORIGINAL kgy.„ 5.3. / stability of a public way, slope or drainage channel, or the natural environment; such proof may include soils, geology and hydrology reports which shall be signed by registered professional engineers. Modifications granted by the planning commission shall be consistent with the general purposes of the standards contained in this chapter and state laws and the intent of applicable state and national laws and programs. Aitheugh-medfieatiens-mad*-be-used-te modify-permis Bible-methods-ef-filed-preteetien, No modification shall have the effect of allowing in any district uses prohibited in that district, permit a lower degree of flood protection than the flood protection elevation for the particular area, or permit a lesser degree of flood protection than required by state law. Appeals from the decision of the planning commission may be taken to the city'\\council in accordance with Section 6472265 64 . 206. Applications for modification shall be filed together with the required fee with the planning administrator. (b) Notwithstanding any other provision of this river corridor code, modifications may be granted for the repair or rehabilitation of historic structures upon a determination that the repair or rehabilitation will not preclude the structure's continued designation as a historic structure, the modification is the minimum necessary to preserve the historic character and design of the structure and the repair or rehabilitation will not cause an increase in the height of the regional flood. +b) (c)A copy of the application for a modification shall be submitted to the commissioner of natural resources sufficiently in advance so that the commissioner will receive at least ten (10) days' notice of the planning commission hearing. A copy of all decisions granting modifications shall be fiprwarded to the commissioner of natural resources withinttten (10) days of such action. Secon 27 That Section 65.700 (Amendments) ` is hereby amended to read as follows: Section 65. 70 Amendments la) All amendments shall be made in the manner set forth in Minnesota Statutes, Section 462 . 357 . The floodplain designations established by this chapter shall not be removed from floodplain areas unless it can be shown that the designation is in error or that the areas are filled to an elevation at or above the flood protection elevation and are contiguous to other lands lying outside the floodplain district. Special exceptions to this rule may be permitted by the commissioner of natural resources if he determines that, through other measures, lands are adequately protected for the intended use. 17 ORIGINAL 9/- 5.-'' All-amendments-shall-be-made-in-the-manner-set-forth-in Minnesota-Statutes7-Seetien-462 735t-and-shall-be-submitted te-the-eommissioner-ef-natural-reseurees-and-the-Federal fnsuranee-Administration-for-their-approval-prer-te adeption-by-the-eity-eeuneil- (b) All amendments to this Ordinance, including amendments to e River Corridor Overlay Districts maps, must be submitted to and approved by the Commissioner of Natural Resources prior to adoption. Changes to the RC-1 and RC-2 maps must meet\�the Federal Emergency Management Agency's (FEMA) Technl\cal Conditions and Criteria and must receive prior FEMA aNroval before adoption. The Commissioner of Natural Resource must be given 10-days written notice of all hearings o consider an amendment to the Ordinance and said notice sha 1 include a draft of the ordinance amendment or technical s udy under consideration. Section 28 That Section 65.800 the Saint Paul Legislative Code is hereby added to read as foll ws: Sectio 65.800 Administration (a) Record of Elevation f Lowest Floor and Flood Proofing. The zoning administrator hall maintain a record of the elevation of the lowes floor (including basement) of all new structures, altere structures, or additions to existing structures in the flood lain. The zoning administrator shall also maintain a re ord of the elevation to which all new structures and altera ions or additions to structures are flood proofed. (b) State and federal permits. Applicants for special condition use permits, modifications, .nd site plan review approval are responsible for obtainin• all necessary state and federal permits. (c) Warning and Disclaimer of Liab; lity. This ordinance does not imply that areas outside t e flood plain districts or land uses permitted within such districts will be free from flooding or flood damages. Thi- ordinance shall not create liability on the part of the Cit of Saint Paul or any officer or employee thereof for -ny flood damages that result from reliance on this ordi ance or any administrative decision lawfully made thereunder (d) Severability. If any section, cla se, provision, or portion of this ordinance is adjudged unco stitutional or invalid by a court of competent jurisdiction, 'the remainder of this ordinance shall not be affected thereby. 18 ORIGINAL . kV"'3 Section 29 That Section 65.900 of the Saint Paul Legislative Code is hereby added to read as follows: Section 65.900 Floodplain non-conforming structures. Non-conforming use of structures and land and non-conforming structures shall be subject to the provisions of Section 62 . 102 and t• the following regulations: (1) A s ructure which was lawful before the passage or amendment of t,is ordinance but which is not in conformity with the provisions of this ordinance may be continued subject to the following conditions: (a) No -tructure shall be expanded, changed, enlarged, or alt- ed in a way which increases its nonconformity. (b) Any a •teration or addition to a nonconforming structure which , ould result in increasing the flood damage potential of that structure or use shall be protected to the `. regulato flood protection elevation in accordance with any • the elevation on fill or flood proofing techniques (i.e. , FP-1 through FP-4, flood proofing classificati•ns) allowable in the State Building Code, except as fu ther restricted in (c) below. (c) The cost of an structural alterations or additions to any nonconformi g structure over the life of the structure shall 'ot exceed 50 percent of the market value of the structure unless the conditions of this section are satis ;ed. The cost of all structural alterations and additions constructed since January 28, 1982 , must be calcu ated into today's current cost which will include a 1 costs such as construction materials and a reaso able cost placed on all manpower or labor. If the cur nt 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 Section 65. 210 or 65. 220 of this Ordinance for new structures depending upon whether the structure is in the Floodway or Flood Fringe, respectively. (d) When the use of a nonconforming structure is discontinued or ceases to exist for three hundred sixty-five (365) days, the nonconforming structure shall not thereafter be reused until the nonconforming structure is made conforming to the flood protection measures of this ordinance, un ess the planning commission, pursuant to a publ c hearing, finds that the nonconforming structure can of reasonably or 19 1 . OR ! ,„..„- INAL *v_ 5-3-/ economically be made into a conforming structure and that reuse of the nonconforming structure is consistent /\ with the public health, safety, morals, and general welfare of the community and is consistent with the reasonable use and enjoyment of adjacent property. (e) If any nonconforming 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 Ordinance. The applicable provisions for establishing new structures in Sections 65.210 or 65. 220 will apply depending upon whether the structure is in the Floodway or Flood Fringe, respectively. Section 30 That Section 65.950 of the Saint Paul Legislative Code is hereby added to read as follows: Section 65.950., Areas Protected by Dikes, Levees, and Floodwalls Areas which the Federal E ergency Management Agency has removed from the floodplain throw• a revision to the Flood Insurance Rate Map or a Letter of Ma. Revision because the areas are protected by a dike, levee, or floodwall shall be exempt from the flood protection regulation of this code. ection 31 That Section 62 . 102 (Nonconfo n 'ng lots, nonconforming uses of land, nonconforming structures .nd nonconforming uses of structures and premises) subdivi-ion (d) (2)Nonconforming structure with conforming use) i- hereby amended to read as follows: (2) Should such structure be destroyed by any means to an extent of more than sixty! (60) percent of its replacement cost, exclusive of the foundation, at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this code. In-the-ease-et-the-Rver-eerrider--if-any-sueh structure- s-destroyed-bp-any-Means-to-an-extent-e€ mere-than-fifty-f59}-percent-e€- ts-market-vaixe-at-the time-a€-destructen;-it-shali-net-be-reeenstrueted exeept-in-eenfermity-With-the-previsions-ef-the-eede7 20 ORGJNAL Irv- 5-3-/ Section 32 That Section 62 . 102 (Non-conforming lots, nonconforming use of land, nonconforming uses of structures and premises) subdivision (h) (Major alterations) is hereby repealed in its entirety. Section 33 That Secti n 64 . 205 (Divisions by the Board of Zoning Appeals) paragraph ( is hereby added to read as follows: (e) A copy o administrative appeals concerning the River Corridor D' stricts shall be submitted to the commissioner of natural res rces sufficiently in advance so that the commissioner ill receive at least ten (10) days notice of the board's he ring. A copy of all decisions granting administrative ppeals shall be forwarded to the commissioner of atural resources within ten (10) days of such action. Section 34 That Section 64 . 101 (Duties of Zoning Administrator) paragraph (e) of the Saint Paul Legislative Code is hereby repealed in its entirety. Se tion 35 That Section 67. 504 (Drainage an storm sewers) subdivision (f) Areas of poor drainage of the Sal t Paul Legislative Code be amended so as to add the followin new clause (5) thereto: (5) For all subdivisions in the R -1 Floodway District and RC-2 Flood Fringe District: (a) The subdivision and the individual lots shall have road access no lower than two (21 feet below the regulation flood protection elevation. `` (b) The floodway and flood fring district boundaries, the regulatory flood protection e evation and the required elevation of all access roads hall be clearly labeled on all required subdivision dr wings and documents. (c) The Federal Emergency Managemen Agency (FEMA) has established criteria for removin the special flood hazard area designation for certa 'n structures properly 21 n S N > >a # O # r-� p rrj N I b o..■ CD t0 , En 0 W ►y P. O C/ O� P PI Z C p �.-, c p Ch po _________\-.. t 0 o a ;. 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N N C co e a 0 •Zi ED a,.s #N r C ` Council Pile # r J 7�' '� Green Sheet # RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented By ` `�, rv-- \ Referred To Committee: Date 1 2 RESOLUTION IMPOSING SALES TAX 3 4 WHEREAS, the Laws of Minnesota 1993, Chapter 375, Article 9, Section 46 (the 5 "Act") authorizes the City of Saint Paul to impose by resolution an additional sales tax of 6 up to 1/2 of 1% on sales transactions taxable pursuant to Minnesota Statutes Chapter 7 297A, that occur within the city of Saint Paul; and 8 9 WHEREAS, the City of Saint Paul has heretofore adopted a resolution approving 10 the Act and declared its intent to exercise its authority under the Act; and 11 12 WHEREAS, it is necessary and desirable in order to fully exercise its authority 13 under the Act that the City impose effective August 1, 1993, an additional sales tax 14 pursuant to the Act of 1/2 of 1% on sales transactions taxable pursuant to Minnesota 15 Statutes, Chapter 297A, that occur within the City of Saint Paul. 16 17 NOW, THEREFORE, BE IT RESOLVED, that effective August 1, 1993, there is 18 hereby imposed pursuant to Laws of Minnesot4 1993, Chapter 375, Article 9, Section 46, 19 an additional sales tax of 1/2 of 1% on sales transactions taxable pursuant to Minnesota 20 Statutes, Chapter 297A, that occur within the City of Saint Paul (the "Tax"). Revenues 21 received from the Tax shall only be used by the City for the purposes set forth in the 22 Act. 23 24 BE IT FURTHER RESOLVED, that the Tax shall be reported and paid to the 25 Commissioner of Revenue of the State, and be subject to the same penalties, interest, 26 and enforcement provisions imposed under Minnesota Statutes, Chapters 289A and 27 297A. 28 29 BE IT FURTHER RESOLVED, that the appropriate officials of the City are 30 hereby authorized and directed to enter into appropriate agreements with the 31 Commissioner of Revenue of the State on behalf of the City as permitted under 32 Subdivision 4 of the Act. 33 34 BE IT FURTHER RESOLVED, that the Mayor with the approval of the City 35 Council, shall appoint a committee to be called the Citywide Economic Revitalization 36 (CER) Committee which shall consist of the following membership d>s < cl 37 east one member from each Ward and at least 75%of the membership.shall be Bahl 38 rauttajddittk 39 40 2 representatives of district councils 41 2 representatives of nonprofit development organizations 42 2 representatives of neighborhood business associations 43 2 individual business representatives ' `�•1. *� ,. 2 representatives of the cultural industry 2 2 labor representatives 3 1 Planning Commissioners 4 1 CIB committee members :: 5 1 economic development specialist or banker reg�-eK6ntative t�faalntFaul .. .....,.., 6 lending lnstrtuf an 7 . for profit developers 8 -I 2 other members of the general community 9 10 The Mayor shall designate one of the members to serve as a chair, and the CER 11 Committee shall be staffed by the Department of Planning and Economic Development 12 and the Budget Office. 13 14 BE IT FURTHER RESOLVED, that the CER Committee will make 15 recommendations to the City Council for allocation of funds and additional guidelines 16 needed for the use of 50% of the net sales tax proceeds for neighborhood economic 17 development activities, and will review and comment on recommendations for the use for 18 of 10% of the net sales tax proceeds for the benefit of the cultural industry. This process 19 shall operate according to the following schedule: 20 21 1. The Mayor shall recommend appointments no later than August 301 , 22 1993, and the CER Committee shall be convened no later than ere 23 month t ioweeks after the City Council approves 24 appointments to the committee. 44$04x0tffitogIOAD4, ,t.at:e 25 speedy Council review and approval of the .. 26 appointees. copses of applications requesting 27 appointments to the committee shall be forwarded to the ................. 28 City Counc .l .members _upon receptn the Mayor's 29 office. ...................... ...................... 31 . • - - - - - - . - - _. - -32 an interim rcport on Dcccmbcr 15, 1003, and a final 33 report, no later than april 1, 1994 , detailing 34 recommended definitions of eligible progam3 and 35 projects and recommended guidelines and procedures for 36 allocation of funds. 37 38 The CFR Committee ,shall prove cle the Mayer and the city 39 Council with a report before December 15, 1993, 40 deailug :ecr mmendcetd dei .tons of egl gb cas pital 41 s programs and prje and recommended uidelineand 42 procedures efr g u aocato of f rcids: . Th oCity counci 43 w .. ..... review del Ies an proedures r allocation 44 ref funds cn an annual bas±s 45 .......................................................................................... ............. 46 BE IT FURTHER RESOLVED, that the net sales tax proceeds 47 be allocated for capital projects to further residential, 48 cultural, commercial and economic development and that the intent 49 to the City Council is that the proceeds be used in such a way 50 that they have significant and positive economic impact, and are 51 targeted at such efforts as supporting housing and commercial 52 revitalization initiatives 1arieraati ? throughout the 53 city, and leveraging private investments ................ 54 55 BE IT FURTHER RESOLVED, that 40% of the sales tax 56 proceeds shall be allocated for the issuance of bonds for Civic 57 Center renovation, except that the aggregate principal amount of 1 bonds which can be issued for the Civic Center project shall not 4 � 2 exceed $65 million, pursuant to Laws of Minnesota 1993, Chapter 3 375, Article 9 , Section 46. The Mayor shall recommend and the tO 4 the City Council shall determine the amount of bonding authority 5 to be issued from such sales tax proceeds within six months and 6 report on revenues generated after the following steps have been 7 taken: 8 9 1. The Civic Center Authority shall present their proposed 10 expansion and remodeling project to the Mayor and the 11 City Council for review. 12 13 2 . Staff from the Department of Planning and Economic 14 Development shall evaluate the Civic Center proposal in 15 the context of the City's downtown economic development 16 goals, and review the scope of work to be done. 17 18 3 . The Budget Office and Department of Finance and 19 Management Services, the Budget Office, the Office of 20 Licensing, Inspection, and Environmental Protection, 21 and the Department of Planning and Economic Development 22 shall review the proposed process for managing the 23 design and construction phases of the project. The 24 process shall include regular reports from the design 25 and construction phases of the project. The process 26 shall include regular reports from the design and 27 construction professionals to representatives of these 28 city departments and the City Council . 29 30 BE IT FURTHER RESOLVED, that nothing in this resolution 31 or Resolution No. 93-754 shall be construed as intending to limit 32 the right of the city to make such covenants for bonds issued to 33 finance any project from the Tax of debt service on the bonds 34 provided that the amount of bonds issued is consistent with the 35 allocation of net sales tax proceeds contained in this 36 resolution. • Yeas Nays Absent Requested by Department of: Grimm ., Guerin :-- Lonq Maccabee ;-"' Rettman :/ Thune ._- Wilson :.--- By: 5 •z- 0 Adopted by Council: Date JUN 2 9 i993 Form Appr•ve• by City Attwrney / Adoption Certified by Council Secretary By. _i � ' G` ./ ' �' /; I / By: =i"f-f�:� ���. �)c'/n Approved •y Mayor for Submission to Approved by Mayor: Date JUL 2 1993 Coun il. / I / IA,: //-"7-:-. .A7--.:-////k4; By: By: y ✓ J �; 1 G J'93 I�Z b7 J'i E.g JUL Council File # f 3 i°171.5-)T • Green Sheet # e' C2 RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented By Referred To Committee: Date 1 2 3 4 WHEREAS, The Council of the City of Saint Paul, acting pursuant to authority 5 granted by the Minnesota State Legislature, Laws of Minnesota 1993, Chapter 375, 6 Article 9, Section 46, enacted a one-half of one per cent sales tax on sales transactions 7 taxable pursuant to Minnesota Statutes, Chapter 297A, that occur within the City of 8 Saint Paul; and 9 10 WHEREAS, The Council had intended that this additional sales tax should be 11 effective on all taxable sales occurring within the City from and after August 1, 1993; and 12 13 WHEREAS, The additional sales tax imposed by the City Council was to be 14 reported and paid to the Commissioner of Revenue of the State of Minnesota; and 15 16 WHEREAS, Negotiations have been concluded with the office of the 17 Commissioner of Revenue providing for the collection of this tax by the Commissioner's 18 Office, and the Commissioner has advised that the Office will be able to provide the 19 collection and reporting services necessary to implement the Council's additional sales 20 tax from and after September 1, 1993; and 21 22 WHEREAS, The effective date for the implementation of the City's additional 23 sales tax will have to be adjusted to September 1, 1993 in order to comply with the 24 requirements of the Office of the Commissioner of Revenue; now therefore be it 25 26 RESOLVED, That the Council of the City of Saint Paul does hereby decree that 27 the additional sales tax of one-half of one per cent, enacted pursuant to Laws of 28 Minnesota 1993, Chapter 375, Article 9, Section 46, and Council Resolution C.F. 93-783, 29 shall be and is to be effective as to all taxable sales occurring within the City of Saint 30 Paul from and after September 1, 1993; and be it • 31 • 32 FURTHER RESOLVED, That the City sales tax shall not apply to: (a) the gross 33 receipts from retail sales or leases of tangible personal property made pursuant to a 34 bona fide written contract which unconditionally vests the rights and obligations of the 35 parties thereto, provided that such contracts were enforceable prior to September 1, 36 1993, and that delivery of the tangible personal property subject thereto is made on or 37 before November 30, 1993; (b) the gross receipts from retail sales made pursuant to a 38 bona fide lump sum or fixed price construction contract which unconditionally vests the 39 rights and obligations of the parties thereto and which does not make provision for 40 allocation of future taxes, provided that such contract was enforceable prior to 41 September 1, 1993 and that delivery of the tangible personal property used in performing 42 the Construction Contract is made before April 1, 1994; (c) payments made for 43 September and October 1993 for contracts to provide taxable services, provided that such yi -/. 'vs 1 contracts were enforceable prior to September 1, 1993, however the city sales tax shall If .2, apply to payments made on and after November 1, 1993; and (d) utility bills that include 3 charges for service for any date before September 1, 1993, however the city sales tax 4 shall apply to utility bills for service periods beginning September 1, 1993 or after; and 5 be it 6 7 FINALLY RESOLVED, That in all other respects the provisions of Council 8 Resolution 93-783, enacting the one-half of one percent sales tax, shall remain in full 9 force and effect, and nothing in this resolution shall be interpreted to alter, modify or 10 supersede said resolution in any way except`as-te-elu e�he-ef€eetive -tw e€ said - 11 as specificlly provided herein. • Yeas ' Nays Absent Requested by Department of: Grimm u ---Lonong g � r L 642:2'-- Maccabee i I Rettman %• / Thune / , Wilson �- By: C_i ! JUL 2 2 1993 Form Apps owed by City Attorne Adopted by Council: Date - I Adoption Certified by Council Secretary By: ,=� 4�7 /7/ / y By: ' /.‘Y-,-,/ / A roved by Mayor o' S..mission to PP ! : -7 4L Counc / Approved by Mayo a 3 � By: / B / JUL 2 1993 • By: ( s :r:s.-t -r�-r< 1261114 Ccn—UT • Council File I 93 7f1( Green Sheet I Y? RESOLUTION/CITY OF SAINT PAUL, MINNESOTA (SI) Presented By Referred To Committee: Date 1 RESOLUTION APPROVING SPECIAL LAW AND DECLARING INTENT TO EXERCISE AUTHORITY THEREUNDER WHEREAS, under laws of Minnesota 1993, Chapter 375, Article 9, Section 46, the ("Act") certain authority was granted to the City of Saint Paul relating to the imposition of an additional sales tax and the use of the proceeds thereof to finance certain projects in the City; and WHEREAS, Subdivision 6 of the Act provides that the Act is effective the day after the governing body of the City of Saint Paul complies with Minnesota Statutes, Section 645.021, Subdivision 3; and further provides that if the Saint Paul City Council intends to exercise the authority provided by the Act, it shall pass a resolution stating the fact before July 1, 1993; and WHEREAS, this resolution expresses the intent of the City Council to exercise the authority provided by Laws of Minnesota, 1993, Chapter 375, Article 9, Section 46, but does not impose the tax; and WHEREAS, Minnesota Statutes, Section 645.021, Subdivision 3, provides, in part, that as soon as the local governmental unit has approved a special law, the City Clerk shall file with the Secretary of State a certificate stating the essential facts necessary to valid approval and a copy of the resolution of approval. NOW, THEREFORE, BE IT RESOLVED, that Laws of Minnesota 1993, Chapter 375, Article 9, Section 46, is hereby approved by the Council of the city of Saint Paul. • BE IT FURTHER RESOLVED, that the Council of the City of Saint Paul intends to exercise the authority provided by the Laws of Minnesota, 1993, Chapter 375, Article 9, Section 46, under the following terms; 1. The distribution of the proceeds shall be: 50% to neighborhood economic development and housing renovation and construction projects; 40% to the Civic Center expansion and renovation project; and 10% to cultural capital projects. 2. A Citywide Economic Revitalization Committee shall be formed to explore the possible scope of and make recommendations concerning types of capital projects to be undertaken with tax proceeds, to recommend general allocations, and to develop guidelines and procedures for project review. This committee shall submit the above recommendations to the City Council for review and approval according to a time line set by the Council. . .e (p7 ,,I� r v i ce) L.0 ! /C .rig �' G y 937./ • 3. The Council, with the assistance of city staff, shall review the level of bonding authority to be granted for the Civic Center project to assure an appropriate level of expenditure of tax proceeds for this project. --BE IT-FURTHER-RESOL -- 13,-that-theoueeil-o€-tle-City-of-Sa4nt-Pail-hereby -sets- public-hearings-on-thei-mpesitien-o€-X112-eeatsale-s-tax— 9a:a -on_J -14,4993,and-9-a4n,-on- lunc 21 .,-1-993-,-arrd-- 7 p•m• .1 r BE IT FURTHER RESOLVED, that the City Clerk is hereby directed to promptly file a certified copy of this Resolution in the Office of the Minnesota Secretary of State as required by Minnesota Statutes, Section 645.021, Subdivision 3. BE IT FURTHER RESOLVED, that the Council of the City of Saint Paul hereby sets public hearings on the imposition of the 1/2 cent sales tax for 7 :00 P.M. on June 21 , 1993, at the Martin Luther King Center; on June 24, 1993 at 5 : 00 P.M. in the Council Chambers ; at 7 :00 P.M. on June 28, 1993 at the Merrick Community Center and at 9:00 A.M. on June 29 , 1993 in the City Council Chambers ; and Yeas Nays Absent Requested by Department of: Grimm r/ Guerin c/ Long / Budget Office Maccabee ✓' Rettman V/ Thune ✓ Wilson ;/ By: 6- a 0 Adopted by Council: Date JUN 1 5 1993 _ Form Approved by City Attorney Adoption Certified by Council Secretary By: 2�n.ceo : �C�4oc,n JUN 1 7 1993By. / Approved by Mayor for Submission to Appro,'.•y Mayor: D.te Council 4 ' AA . 'By: _ By: ' PNI-Mt JUN 19 '93 MINNESOTA ELECTION LAWS- 1991 ARTICLE VII- ELECTIVE FRANCHISE . Section 1: Eligibility; place of voting; ineligible persons. Every person 18 years of age or more who has been a citizen of the United States for three months and who has resided in the precinct for 30 days next preceding an election shall be entitled to vote in that precinct. The place of voting by one otherwise qualified who has changed his residence ;flit) within 30 days preceding the election shall be prescribed by law. The following persons shall not be entitled or permitted to vote at any election in this state: A person not meeting the above requirements; a person who has been convicted of treason or felony, unless restored to civil rights; a person under guardianship, or a person who is insane or not ,,( /ip.) ' (Jt /t,( V 5 meSec.ntally 2.competent. p Residence. For the purpose of voting no person loses residence solely by reason i of his absence while employed in the service of the United States;nor while engaged upon / the waters of this state or of tht United States; nor while a student in any institution of learning; nor while kept at any almshouse or asylum; nor while confined in any public I prison. No soldier,seaman or marine in the army or navy of the United States is a resident i of this state solely in consequence of being stationed within the state. 121 Sec. 3. Uniform oath at elections. The legislature shall provide for a uniform oath or-5"/ affirmation to be administered at elections and no person shall be compelled to take any other or different form of oath to entitle him to vote. L j t Sec.4. Civil process suspended on election day. During the day on which an election 1 In is held no person shall be arrested by virtue of any civil process. Sec.5. Elections by ballot. All elections shall be by ballot except for such town officers 0(), as may be directed by law to be otherwise chosen. tJki 44illook Eligibility to hold office. Every person who by the provisions of this article is i I entitled to vote at any election and is 21 years of age is eligible for any office elective by the people in the district wherein he has resided 30 days previous to the election,except as otherwise provided in this constitution,or the constitution and law of the United States. -- Sec. 7. Official year of state. The official year for the state of Minnesota commences i on the first Monday in January in each year and all terms of office terminate at that time. ) \\ ,„J" The general election shall be held on the first Tuesday after the first Monday in November( '.1"'' in each even numbered year. Sec. 8. Election returns to secretary of state; board of canvassers. The returns of p Jul()) every election for officeholders elected statewide shall be made to the secretary of state who shall call to his assistance two or more of the judges of the supreme court and two disinterested judges of the district courts. They shall constitute a board of canvassers to canvass the returns and declare the result within three days after the canvass. NOTES AND DECISIONS VICTIM CLE VII Sec.I also:M.S.200.02.suhd. 15. JUSTICE . iistrict court has ruled that a person who is eighteen years old,a citizen of the United States and a resident of Minnesota my days is qualified to vote.The decision was not appealed.Erdahl v.Spannaus,et al,No.393442,Ramsey District May 9,1974. / virtue of the 26th Amendment to the United States Constitution and the supremacy clause of Article VI,the voting age mnicipal,school district,state or federal elections,whether special,primary or general,is eighteen.Op.Atty.Gen.490B, S .6,1971. • / e statutory and constitutional six-month residency requirement for voting eligibility is unconstitutional as violative of wotection.Kepel v.Donovan.326 F.Supp.15(D.C.Minn, 1970),affirmed 405 U.S.1034(1972). adoption of federal suffrage amendment in 1920 word male automatically stricken.Age,majority reached on election )28 El.Op,201.203. to right to vote should not he denied on account of mere technicalities.such as the failure to designate a polling place and , n of officers.Op.Atty.Gen.246,1930. arson not having qualifications stated in this section cannot vote in school election.Op.Atty.Gets.490H,May 16,1955. - eaning of term"resident"is a judicial question;its meaning cannot be changed by statute.Op.Atty.Gen.490J-2,Oc- t,1958. sat construction of this section should not be adopted which will result in the disfranchisement of a considerable number ars,unless such construction is rendered necessary by express and unequivocal language.Op.Atty.Gen.MS,March 19, 3i-effect of rejecting qualified voters upon validity of elections,see 15 Minn.Law Review 832. linnesota law provides automatic restoration of civil rights for federal as well as state ex-felons upon final discharge of ice.Op.Atty.Gen.68H,December 27,1971. arson confined in jail for a misdemeanor may cast his ballot under the absent voters'law.Op.Atty.Gen.229,1930. Crime Doesn't Pay. . .Victims Do Constitution-6 w It 1 CITY CLERK'S OFFICE Molly O'Rourke, City Clerk SAINT CITY OF SAINT' PAUL 170 City Hall Tel: 612-266-8694 oili. James Scheibel, Mayor L. 15 W.Kellogg Boulevard Fax 612-266-8689 ph, (�J�^ �/ Saint Paul,Minnesota 55102 AAAA �� ! 36,ci``f ,2 V_ a -=3z '-4- 6 December 16, 1993 Number Instrument Description Fees CF #93-175 Resolution Vacation of 20' sewer easement in (7 St Block 6, C.W. Youngman's Third Addition 1043643 RAMSEY COUNTY RECORDER BY Contact Person: Frances Swanson 266-8690 CITY CLERK'S OFFICE Molly O'Rourke, City Clerk SAINT CITY OF SAINT PAUL 170 City Hall Tel: 612-266-8694 P A U L James Scheibel, Mayor 15 W.Kellogg Boulevard Fax: 612-266-8689 4104t Saint Paul Minnesota 55102 1043 3 MIMI 7 7/ - December 16, 1993 ?lib? Number Instrument Description Fees CF #93-951 Resolution Part of the utility easement in Concord / ,D Terrace Plat No. 1, bounded by East Robie, Concord and State Street. RAMSEY COUNTY RECORDER BY Contact Person: Frances Swanson 266-8690 CITY CLERK'S OFFICE Molly 012eurke, City Clerk A', CITY OF SAINT PAUL 170 City Hall Tel: 612-266-8694 041 James Scheibel,Mayor it 15 W.Kellogg Boulevard Far 612-266-8689 11 Saint Pau4 Minnesota 55102 *AAA December 13, 1993 •Number Instrument Description Fees CF #93-1105 Res fit' Action of the Property Code 2774 8 Enforcement Board of Appeals I q RAMSEY COUNTY RECORDER BY Contact Person: Frances Swanson 266-8690 ti t i / CITY CLERK'S OFFICE Molly O'Rourke, City Clerk Stie,NT CITY OF SAINT PAUL 170 City Hall Tel: 612-266-8694 P A U L 4 James Scheibel,Mayor 15 W.Kellogg Boulevard Fay 612-266 8689 Saint Paul,Minnesota 55102 � t il 02/2j Y Ar.ii_c" g' I December 7, 1993 ( 7 V - 7 Number Instrument Description Fees CF #93-1787 Resolution Correction of CF 84-1650 vacation of all X043645 of the alley in Block 1, Elfelt, , !' " Bernheimer & Arnolds Addition to St. Paul to read All of the easement for slopes, cuts and fills in the grading of the alley in Block 1, Elfelt, Bernheimer & Arnolds Addition to St. Paul, recorded as document No. 360842 on March 1, 1956. RAMSEY COUNTY RECORDER BY Contact Person: Frances Swanson 266-8690 DOCUMENT f O, OFFICE- CO ;c#tGFR' RAMSEY f ti , 1 Y I4'4 CERT. 1% :' ' Ct FEB 3 12 is Pik STATE OF MINNESOTA ) COUNTY OF RAMSEY ) ss. coy ' ' DER CITY OF ST. PAUL ) FAY -%i t &jTy I, Frances Swanson, Assistant City Clerk of the City of Saint Paul, Minnesota, do hereby certify that I have compared the attached copy of Council File No. 93-1769 as adopted by the City Council on November 23, 1993 and approved by the Mayor on November 30, 1993 and published on December 4, 1993, with the original thereof on file in my office. C1 I further certify that said copy is a true and cnrrc r'+ aid original and the whole thereof. WITNESS, my hand and the seal of the to this 25th day of January 1994. ors ASSISTANT CITY CLERK Instru ENTERED IN TRANSFER RECORDS limp Filing fee 1 — Z 1^ cN( Rec copy DIRECTOR, PROPERTY Tw. Rays � °a 1tr�v-. Ce►copy i Initials By --�- -- -- Pd by/bill aty C1U/tj /y / V .� 1 D• y_- S• ♦S Return copy to: J r ; Council File # fC3'/76 9 Real Estate Division , 2782925 140 City Hall Green Sheet # o?/W(" R SOLUTION CITY OF SAI •AUL, MINNESOTA Presented By /� //r�/i2& Referred To Committee: Date RESOLVED, that upon the petition of the Port Authority of the City of Saint Paul, per Finance Department File No. 5-1992, that part of Broadway and that part of Blocks 9 and 12, Hoyt's Addition to Saint Paul, bounded by E. Tenth Street and E. Ninth Street, hereinafter described, is hereby vacated and discontinued as public property. - The vacated area is described as follows: That part of Lot 1, Block 12 and Lot 4, Block 9, Hoyt's Addition to St. Paul, Ramsey County, Minnesota, and that part of Broadway described as follows: Beginning at a point on the southwesterly line of Block 13, Kittson's Addition to Saint Paul, Ramsey County, Minnesota, distant 30 feet southeasterly of the most westerly corner thereof; thence run southwesterly on an azimuth of 218 degrees 18 minutes 39 seconds, azimuth oriented to Minnesota State Plane Coordinate System, for 82.07 feet; thence on an azimuth of 138 degrees 16 minutes 54 seconds, 36.62 feet; thence on an azimuth of 48 degrees 16 minutes 54 seconds, 5.00 feet; thence on an azimuth of 138 degrees 16 minutes 54 seconds, 5.00 feet; _thence on an azimuth of 228 degrees 16 minutes 54 seconds, 5.00 feet; thence on an azimuth of 138 degrees 16 minutes 54 seconds, 51.34 feet; thence on an azimuth of 141 degrees 17 minutes 50 seconds, 36.50 feet; thence on an azimuth of 132 degrees 27 minutes 59 seconds, 75.47 feet; thence run easterly 58.92 feet on a non-tangential curve, concave to the north, having a radius of 9131 feet and a chord azimuth of 86 degrees 12 minutes 42 seconds to the most westerly corner of Block 14, said Kittson's Addition; thence on an azimuth of 324 degrees 52 minutes 57 seconds 255.99 feet to the point of beginning. This vacation shall be subject to the following conditions: 1. That this vacation shall be subject to the terms and conditions of Chapter 130, codified March 1, 1981, of the Saint Paul Legislative Code as amended. 2. That the petitioner, its successors and assigns shall pay a $500.00 administrative fee for this vacation within 60 days of the publication date of this resolution. 3. That a permanent utility easement shall be retained on, over, under and across the vacated area of Broadway on behalf of the City of Saint Paul, Department of Public Works to reserve the right of the City to maintain and operate any sewer in or upon said easement and to enter upon said easement or any portion thereof at any time and from time to time, for the purposes of future construction, reconstruction, inspecting, maintaining or repairing the same or any part thereof and shall be subject to the following conditions: a. No buildings, structures, or trees are permitted within the easement area nor any temporary structure, material storage, fixture, or any other objects that will prohibit normal access to utility facilities for maintenance purposes. 2182925 b. Improvements in or upon the above described easement that do not prohibit the City from exercising its reserved rights may be allowed by obtaining written permission from the Department of Public Works Sewer Division with the understanding that the restoration and costs of such improvements shall be the sole responsibility of the petitioner, its successors and assigns in the event the City exercises its reserved easement rights. c. No change from the existing grade is permitted within the easement area without written permission from the Director of the Department of Public Works. d. No change in surfacing within the easement area is permitted without written permission from the Director of the Department of Public Works. e. That the petitioner, its successors and assigns shall indemnify, defend, and save harmless the City of Saint Paul, its officers, agents, employees, and servants from all suits, actions, or claims which shall arise from any injuries or damages received or sustained by any break in any service • pipe or connection in said reserved easement arising out of or resulting from any action or negligence of the petitioner, its employees, agents, or business invitees. 4. That a permanent utility easement be retained on, over, under and across that part of vacated Broadway which lies northwesterly of the northwesterly line of the alley in Block 13, Kittson's Addition to Saint Paul, extended southwesterly, on behalf of the City of Saint Paul, Department of Public Works Lighting Division to reserve the right to the City to maintain and operate any street lighting and feed cabinet in or upon said easement and to enter upon said easement or any portion thereof at any time and from time to time, for future construction, reconstruction, inspecting, maintaining or repairing the same or any part thereof, and shall be subject to the following condition: a. That the petitioner, its successors and assigns shall indemnify, defend and save harmless the City of Saint Paul, its officers, agents, employees, and servants from all suits, actions, or claims which shall arise from any injuries or damages received or sustained by any break in any service feed line, equipment or connection in said reserved easement arising out of or resulting from any action or negligence of the petitioner, its employees, agents or business invitees. 5. That the petitioner, its successors or assigns shall convey a 20 foot permanent access easement for ingress and egress, on, over and across the vacated area of Broadway, to: the property owners of the north one-half of Block 14, Kittson's Addition to Saint Paul. This easement shall be conveyed within 90 days of the ,3 7 ,—i /co , effective date of this resolution pursuant to terms and conditions reasonably acceptable to the Petitioners and said owners. The location of this easement 2925 shall be subject to the approval of the Department of Public Works. 6. That a permanent utility easement be retained within the westerly 30 feet of the easterly 50 feet of vacated Broadway on behalf of the City of Saint Paul, Board of Water Commissioners and shall be subject to the following conditions: a. No buildings, structures, or trees are permitted within the easement area, nor any temporary structure, material storage, fixture or other objects that will prohibit normal access to water facilities for maintenance purposes. b. No change from the existing grade is permitted without written permission from the Water Utility. c. No change in surfacing within the easement area is permitted without written permission from the Water Utility. d. That the petitioner, its successors and assigns shall fully indemnify, defend and save harmless the Board of Water Commissioners, its officers, agents, employees, and servants from all suits, actions or claims which shall arise from any injuries or damages received or sustained by any break in any service pipe, water main, or connection in said reserved easement, arising out of or resulting from any action or negligence of the petitioner, its employees, agents or business invitees. e. That the petitioner, its successors and assigns shall assume all maintenance costs and responsibility for the 6-inch automatic fire supply addressed 482-500-AF Broadway. 7. The Petitioner, its successors and assigns shall pay all costs for the removal of the street light at the corner of Broadway and Ninth Street. 8. That a permanent utility easement shall be retained within the vacated area of Broadway to protect the interest of Northern States Power Company. 9. That a permanent utility easement shall be retained within the vacated area of Broadway to protect the interest of U.S. West Communication, Inc. 10. That a permanent utility easement shall be retained within the vacated area of Broadway to protect the interest of Continental Cablevision. 11. That the petitioner, its successors and assigns shall pay all costs for the placement of appropriate signs at the ends of the vacated area of Broadway which will indicate that said vacated Broadway is no longer a public thorough fare and shall be subject to the approval of the Department of Public Works. 12. That no access shall be permitted from the vacated lands herein described to "N4 93—/7(oy Trunk Highway Number 94, except along the following described line: Beginning at the point of beginning of said described vacated tract; thence run southwesterly on an azimuth of 214de rees 18 minutes 39 seconds for 82.07 feet and there terminating. ' 7829 25 13. That a permanent easement shall be retained on, over and across said vacated area described above, for the purpose of installing and maintaining buried power lines, on behalf of the State of Minnesota, Department of Transportation. 14. That a permanent wall maintenance easement be retained on, over and across said vacated area, on behalf of the State of Minnesota, Department of Transportation which lies within a distance of 10 feet northeasterly of the following described line and its northwesterly and southeasterly extensions: Commencing at a point on the southwesterly line of said Block 13, Kittson's Addition to Saint Paul, 30 feet southeasterly of the most westerly corner thereof; thence run southwesterly on an azimuth of 218 degrees 18 minutes 39 seconds, 82.07 feet to the point of beginning of the line to be described; thence on an azimuth of 138 degrees 16 minutes 54 seconds, 92.96 feet; thence on an azimuth of 141 degrees 17 minutes, 50 seconds, 36.50 feet; thence on an azimuth of 132 degrees 27 minutes, 59 seconds, 75.47 feet and there terminating. 15. That a permanent easement for snow storage purposes shall be retained within that part of said vacated Broadway which is described as follows: that part of said vacated Broadway which lies southerly of the westerly extended southeasterly line of Block 13, Kittson's Addition to Saint Paul. - 16. That the Council of the City of Saint Paul hereby authorizes the proper City officials to convey, by Quit Claim Deed, to the petitioner, its successors and assigns, all that part of vacated Lot 1, Block 12 and Lot 4, Block 9, Hoyt's Addition to Saint Paul, which lies within said vacated area described above, subject to the terms and conditions of this resolution. 17. That the petitioner, its successors, and assigns, by acceptance of the terms and conditions of this resolution agree to indemnify, defend and save harmless the City of Saint Paul, its officers and employees from all suits, actions, or claims of any character brought as a result of injuries or damages received or sustained by any person, persons, or property on account of this vacation or petitioner's use of this property, including but not limited to a claim brought because of any act of omission, neglect, or misconduct of said petitioner or regulation made in accordance with the law, whether by the petitioner or any of its agents or employees. , 9.3-/7� q 2782925 18. That the petitioner, its successors and assigns, shall within 60 days of the publication date of this resolution, file with the City Clerk an acceptance in writing of the conditions of this resolution and shall within the period(s) specified in the terms and conditions of this resolution, comply in all respects with these terms and conditions. Yeas I Nays Absent Requested by Department of: Guerin on. �IIIIIIM I Finance & Management Services Macc. .ee IQMMIMMI riaua I wr �c�/.eune I�r� By: CGC2 46-24;(7 ) / h1. son ICI 01y4D yirector Form Approved by City Attorne ! Adopted by Council: Date M' 2 i •3 /1(}41, Adoption Certified b Council Secretary By: ` By: Atm,,,, ,,s00>7 Approved by Mayor for Submission to Council k:i i;i ^ 1 19Q� Approved Mayor. Date r 0 a, By: By: ,(AV/44/ PL U O DEC 0 4 '93 q: